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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of certain patients from a hospital; |
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providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 311, Health and Safety |
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Code, is amended by adding Sections 311.025 and 311.026 to read as |
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follows: |
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Sec. 311.025. DISCHARGE OF HOMELESS PATIENT. (a) In this |
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section: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Hospital" means a hospital licensed under Chapter |
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241. |
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(b) The department by rule shall develop a discharge |
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protocol to ensure that a homeless individual recovering from an |
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acute illness or injury is provided with continuing medical care |
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and other services, as necessary, after discharge from a hospital |
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that treated the individual for the illness or injury. |
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(c) A hospital shall use the discharge protocol developed |
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under Subsection (b) for each homeless individual treated at the |
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hospital for an acute illness or injury who requires continuing |
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services after discharge from the hospital. |
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(d) The department shall partner with local governments, |
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social services agencies, and organizations that provide services |
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to homeless and indigent individuals to develop the discharge |
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protocol under Subsection (b). The discharge protocol must address |
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the following: |
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(1) shelter and meals; |
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(2) recuperative care; |
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(3) transitional housing; |
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(4) case management services; and |
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(5) other services the department considers necessary |
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to provide for the safety and well-being of homeless individuals |
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recovering from acute illness or injury. |
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Sec. 311.026. WRONGFUL DISCHARGE OF HOMELESS INDIVIDUAL; |
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CIVIL PENALTIES. (a) A hospital or a person who is a hospital |
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employee, officer, or medical staff member may not discharge a |
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homeless individual who was treated at the hospital for acute |
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illness or injury unless the hospital uses the discharge protocol |
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developed under Section 311.025(b). |
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(b) A hospital or a person who is a hospital employee, |
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officer, or medical staff member commits an offense if the hospital |
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or person knowingly violates this section. An offense under this |
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subsection is punishable by: |
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(1) a fine of not less than $5,000 but not more than |
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$10,000 for a hospital; |
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(2) a fine of not less than twice the amount of the |
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fine assessed under Subdivision (1) but not more than $50,000 for a |
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hospital and a suspension of the hospital's license for 3 months for |
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a second offense; |
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(3) a fine of not less than $100,000 for a hospital and |
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suspension of the hospital's license for 6 months for a third |
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offense; |
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(4) the revocation of the hospital's license for a |
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fourth offense; |
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(5) a fine of not less than $2,000 for a person for a |
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first offense; |
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(6) a fine of not less than twice the amount of the |
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fine assessed under Subdivision (4) for a person and a 3-month |
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suspension of the person's license, if applicable, for a second |
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offense; |
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(7) a fine of not less than $50,000 and a suspension of |
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the person's license for 6 months, if applicable, for a third |
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offense; and |
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(8) revocation of the person's license, if applicable, |
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for a fourth offense. |
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SECTION 2. Not later than December 1, 2011, the Department |
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of State Health Services shall adopt rules as required by Section |
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311.025, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |