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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring institutions and assisted living facilities |
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to maintain guardianship orders of residents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.019 to read as follows: |
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Sec. 242.019. GUARDIANSHIP ORDERS. An institution shall |
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make a reasonable effort to request a copy of any court order |
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appointing a guardian of a resident or a resident's estate from the |
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resident's nearest relative or the person responsible for the |
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resident's support. An institution that receives a copy of a court |
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order appointing a guardian of a resident or a resident's estate |
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shall maintain a copy of the court order in the resident's medical |
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records. |
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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.070 to read as follows: |
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Sec. 247.070. GUARDIANSHIP ORDERS. An assisted living |
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facility shall make a reasonable effort to request a copy of any |
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court order appointing a guardian of a resident or a resident's |
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estate from the resident's nearest relative or the person |
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responsible for the resident's support. An assisted living facility |
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that receives a copy of a court order appointing a guardian of a |
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resident or a resident's estate shall maintain a copy of the court |
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order in the resident's medical records. |
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SECTION 3. Section 260A.007(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) In investigating the report of abuse, neglect, |
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exploitation, or other complaint, the investigator for the |
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department shall: |
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(1) make an unannounced visit to the facility to |
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determine the nature and cause of the alleged abuse, neglect, or |
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exploitation of the resident; |
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(2) interview each available witness, including the |
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resident who suffered the alleged abuse, neglect, or exploitation |
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if the resident is able to communicate or another resident or other |
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witness identified by any source as having personal knowledge |
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relevant to the report of abuse, neglect, exploitation, or other |
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complaint; |
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(3) personally inspect any physical circumstance that |
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is relevant and material to the report of abuse, neglect, |
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exploitation, or other complaint and that may be objectively |
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observed; |
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(4) make a photographic record of any injury to a |
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resident, subject to Subsection (n); [and] |
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(5) write an investigation report that includes: |
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(A) the investigator's personal observations; |
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(B) a review of relevant documents and records; |
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(C) a summary of each witness statement, |
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including the statement of the resident that suffered the alleged |
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abuse, neglect, or exploitation and any other resident interviewed |
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in the investigation; and |
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(D) a statement of the factual basis for the |
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findings for each incident or problem alleged in the report or other |
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allegation; and |
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(6) for a resident of an institution or assisted |
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living facility, inspect any court order appointing a guardian of |
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the resident who was the subject of the alleged abuse, neglect, or |
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exploitation that is maintained in the resident's medical records |
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under Section 242.019 or 247.070. |
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SECTION 4. (a) An institution is not required to comply |
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with Section 242.019, Health and Safety Code, as added by this Act, |
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before January 1, 2016. |
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(b) An assisted living facility is not required to comply |
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with Section 247.070, Health and Safety Code, as added by this Act, |
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before January 1, 2016. |
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SECTION 5. This Act takes effect September 1, 2015. |