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A BILL TO BE ENTITLED
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AN ACT
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relating to progressive sanctions for providers of home and |
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community-based services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.353, Human Resources Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The department shall immediately submit all reports |
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of abuse, neglect, or exploitation received to the appropriate |
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local law enforcement agency, regardless of whether the department |
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determines that an investigation is unnecessary under Subsection |
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(a). |
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SECTION 2. Subchapter H, Chapter 48, Human Resources Code, |
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is amended by adding Section 48.3535 to read as follows: |
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Sec. 48.3535. PROGRESSIVE SANCTIONS. (a) The department |
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shall develop and implement progressive sanctions as provided by |
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this section for investigations of a report of abuse, neglect, or |
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exploitation in which the department is unable to determine |
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conclusively whether abuse, neglect, or exploitation did or did not |
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occur. |
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(b) Following an inconclusive investigation described by |
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Subsection (a), the department shall require the provider to create |
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a corrective plan to identify and prevent any future abuse, |
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neglect, or exploitation. |
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(c) If the department conducts an investigation described |
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by Subsection (a) that is inconclusive and the department conducted |
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an investigation that was inconclusive into that same provider less |
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than a year before the current investigation, the department shall |
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treat the situation as a hazard to the health or safety of the |
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individuals receiving services from the provider, and proceed with |
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a thorough review of the facility and require any necessary |
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corrective measures. |
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(d) If the department conducts an investigation described |
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by Subsection (a) that is inconclusive and the department conducted |
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two or more investigations that were inconclusive into that same |
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provider less than a year before the current investigation, the |
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department shall deny or terminate the certification of the |
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provider. |
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SECTION 3. The change in law made by this Act applies only |
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to a report of abuse, neglect, or exploitation that is received on |
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or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |