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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring video recording in certain home and |
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community-based services provider facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 48, Human Resources Code, |
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is amended by adding Section 48.3525 to read as follows: |
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Sec. 48.3525. RECORDING EQUIPMENT TO AID IN INVESTIGATIONS. |
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(a) A facility providing home and community-based services to eight |
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or more individuals shall place video cameras in the facility that |
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are capable of covering all areas of the facility in which staff and |
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individuals receiving services interact, other than a bathroom or |
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any area in which an individual's clothes are changed. |
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(b) The home and community-based services provider shall |
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provide notice to the persons receiving services and other persons |
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entering the facility that video monitoring is occurring. |
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(c) A home and community-based services provider shall |
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maintain a recording for not less than a year after the recording |
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was made. |
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(d) A video recording made under this section is |
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confidential and may not be used for any purpose other than |
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enforcement by the department. |
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(e) The department is entitled at any time to view any video |
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recording made by a home and community-based services provider |
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under this section. |
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(f) If the department receives a complaint of abuse, |
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neglect, or exploitation, the department shall review the relevant |
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video recording. |
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(g) If the home and community-based services provider does |
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not produce a video recording on request of the department when the |
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department is performing an investigation of an allegation of |
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abuse, neglect, or exploitation, the department shall treat the |
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situation as a hazard to the health or safety of the individuals |
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receiving services from the provider and proceed with a thorough |
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review of the facility and require any necessary corrective |
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measures. |
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(h) If the home and community-based services provider does |
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not produce a video recording on request of the department when the |
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department is performing an investigation of an allegation of |
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abuse, neglect, or exploitation, and the provider has failed to |
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provide a video recording in response to a request made in |
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connection to a department investigation less than a year before |
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the instant request, the department shall deny or terminate the |
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certification of the provider. |
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SECTION 2. Not later than January 1, 2016, a home and |
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community-based services provider that is subject to Section |
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48.3525, Human Resources Code, as added by this Act, shall install |
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and begin to use a video recording system as required by that |
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section. |
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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 |
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based on conduct that was alleged to have occurred on or after |
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January 1, 2016. |
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SECTION 4. This Act takes effect September 1, 2015. |