BILL ANALYSIS |
C.S.H.B. 1337 |
By: Naishtat |
Human Services |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Concerns have been raised as a result of the investigation of a recent allegation of sexual abuse made at an assisted living facility, during which the facility staff reported they were not aware that a guardianship order for the alleged victim existed. According to interested parties, assisted living facilities and nursing homes are not currently required to keep guardianship orders in a resident's medical file, nor is an investigator for the Department of Aging and Disability Services required to check a resident's medical file for a guardianship order during an investigation of a report of abuse, neglect, or exploitation. C.S.H.B. 1337 seeks to address this issue.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1337 amends the Health and Safety Code to require a convalescent home, nursing facility, or related institution and an assisted living facility to make a reasonable effort to request a copy of any court order appointing a guardian of a resident or a resident's estate from the resident's nearest relative or the person responsible for the resident's support and to require such an institution or facility that receives a copy of a court order appointing a guardian of a resident or a resident's estate to maintain a copy of the order in the resident's medical records. The bill requires an investigator for the Department of Aging and Disability Services, in investigating a report of abuse, neglect, exploitation, or other similar complaint regarding a resident of such an institution or assisted living facility, to inspect any court order appointing a guardian of the resident who was the subject of the alleged abuse, neglect, or exploitation that is maintained in the resident's medical records. The bill establishes that a convalescent home, nursing home, or related institution or an assisted living facility is not required to comply with the bill's provisions before January 1, 2016.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1337 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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