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A BILL TO BE ENTITLED
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AN ACT
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relating to the office of the state long-term care ombudsman. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101A.251, Human Resources Code, is |
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amended by adding Subdivision (3-b) to read as follows: |
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(3-b) "Patient care record" means a record related to |
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a specific patient's direct care. |
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SECTION 2. Section 101A.257, Human Resources Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) An investigation conducted under this section is for |
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the sole purpose of gathering information necessary to resolve a |
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resident's complaint or grievance to the resident's satisfaction. |
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In an investigation conducted under this section, the state |
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long-term care ombudsman or a representative, including an |
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ombudsman designated under Section 101A.255, is not required to |
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collect evidence to satisfy a burden of proof required in an |
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investigation conducted by a licensing or regulatory agency or a |
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law enforcement agency, and the results of the investigation do not |
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need to include any determinations on whether a law or rule has been |
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violated for purposes of civil or criminal enforcement. |
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(b) The state long-term care ombudsman shall ensure that |
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each ombudsman designated under Section 101A.255 who investigates |
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complaints has received proper training and has been approved by |
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the office as qualified to investigate complaints. The training |
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must include instruction regarding state laws and regulations |
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applicable to the institutional setting in which the ombudsman will |
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conduct the investigation. |
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SECTION 3. Section 101A.258, Human Resources Code, is |
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amended by amending Subsections (a) and (a-1) and adding Subsection |
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(a-2) to read as follows: |
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(a) The state long-term care ombudsman and representatives |
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shall, as provided by commission rules, have access to a resident's |
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patient care records and to a long-term care facility's |
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administrative records, policies, and other documents that |
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residents and the general public have access to in the normal course |
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of business [of residents as provided by commission rules]. For |
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purposes of this subsection, documents obtained through litigation |
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are not considered to have been obtained in the normal course of |
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business. Except as provided by Subsection (b), all records and |
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information created or obtained by the state long-term care |
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ombudsman or a representative remain confidential. |
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(a-1) The state long-term care ombudsman and |
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representatives shall have access to a resident's patient care |
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records [of a resident] if: |
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(1) the state long-term care ombudsman or |
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representative has obtained the resident's [resident] or the |
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resident's legal representative's informed consent [representative |
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consents] to [the] access the records; |
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(2) the resident is unable to consent to the access and |
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the resident has no legal representative; or |
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(3) access to the records is necessary to investigate |
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a complaint and: |
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(A) a legal representative of the resident |
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refuses to consent to the access; |
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(B) the state long-term care ombudsman or |
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representative has reasonable cause to believe that the legal |
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representative of the resident is not acting in the best interests |
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of the resident; and |
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(C) the state long-term care ombudsman approves |
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the access. |
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(a-2) The office shall provide documentation to a long-term |
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care facility that is the subject of an investigation conducted |
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under Section 101A.257 evidencing that the state long-term care |
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ombudsman or a representative is entitled to access a resident's |
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patient care records by having satisfied the requirements of |
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Subsection (a-1)(1), (a-1)(2), or (a-1)(3), as applicable. |
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SECTION 4. Section 101A.261, Human Resources Code, is |
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amended to read as follows: |
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Sec. 101A.261. PUBLIC INFORMATION. (a) The office shall |
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provide information and make recommendations to public agencies, |
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legislators, and other persons about the problems and concerns of |
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residents. |
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(b) The office shall include on each of the office's |
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publications a disclosure statement explaining that: |
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(1) the office acts independently of the commission; |
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(2) the office does not regulate long-term care |
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facilities; and |
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(3) information the office publishes is for |
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educational purposes only. |
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SECTION 5. Section 101A.262(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The office shall prepare a report that contains: |
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(1) information and findings relating to the problems |
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and concerns of residents; [and] |
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(2) policy, regulatory, and legislative |
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recommendations to solve the problems, resolve the concerns, and |
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improve the quality of the residents' care and lives; |
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(3) a list of persons representing the office who |
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submitted a sworn statement to a committee of the legislature |
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indicating the office was present in favor of, in opposition to, or |
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without taking a position on legislation and a description of the |
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legislation, including the bill number, the position taken, and a |
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summary of the testimony given; and |
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(4) if the office submitted a public comment on a |
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proposed rule published in the Texas Register, a citation to the |
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volume and page numbers in the Texas Register that included the |
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proposed rule and a summary of the submitted comment. |
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SECTION 6. This Act takes effect September 1, 2023. |