88R3105 JG-F
 
  By: Schwertner, Perry S.B. No. 652
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the office of the state long-term care ombudsman.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101A.251, Human Resources Code, is
  amended by adding Subdivision (3-b) to read as follows:
               (3-b)  "Patient care record" means a record related to
  a specific patient's direct care.
         SECTION 2.  Section 101A.257, Human Resources Code, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  An investigation conducted under this section is for
  the sole purpose of gathering information necessary to resolve a
  resident's complaint or grievance to the resident's satisfaction.
  In an investigation conducted under this section, the state
  long-term care ombudsman or a representative, including an
  ombudsman designated under Section 101A.255, is not required to
  collect evidence to satisfy a burden of proof required in an
  investigation conducted by a licensing or regulatory agency or a
  law enforcement agency, and the results of the investigation do not
  need to include any determinations on whether a law or rule has been
  violated for purposes of civil or criminal enforcement.
         (b)  The state long-term care ombudsman shall ensure that
  each ombudsman designated under Section 101A.255 who investigates
  complaints has received proper training and has been approved by
  the office as qualified to investigate complaints. The training
  must include instruction regarding state laws and regulations
  applicable to the institutional setting in which the ombudsman will
  conduct the investigation.
         SECTION 3.  Section 101A.258, Human Resources Code, is
  amended by amending Subsections (a) and (a-1) and adding Subsection
  (a-2) to read as follows:
         (a)  The state long-term care ombudsman and representatives
  shall, as provided by commission rules, have access to a resident's
  patient care records and to a long-term care facility's
  administrative records, policies, and other documents that
  residents and the general public have access to in the normal course
  of business [of residents as provided by commission rules]. For
  purposes of this subsection, documents obtained through litigation
  are not considered to have been obtained in the normal course of
  business.  Except as provided by Subsection (b), all records and
  information created or obtained by the state long-term care
  ombudsman or a representative remain confidential.
         (a-1)  The state long-term care ombudsman and
  representatives shall have access to a resident's patient care
  records [of a resident] if:
               (1)  the state long-term care ombudsman or
  representative has obtained the resident's [resident] or the
  resident's legal representative's informed consent [representative
  consents] to [the] access the records;
               (2)  the resident is unable to consent to the access and
  the resident has no legal representative; or
               (3)  access to the records is necessary to investigate
  a complaint and:
                     (A)  a legal representative of the resident
  refuses to consent to the access;
                     (B)  the state long-term care ombudsman or
  representative has reasonable cause to believe that the legal
  representative of the resident is not acting in the best interests
  of the resident; and
                     (C)  the state long-term care ombudsman approves
  the access.
         (a-2)  The office shall provide documentation to a long-term
  care facility that is the subject of an investigation conducted
  under Section 101A.257 evidencing that the state long-term care
  ombudsman or a representative is entitled to access a resident's
  patient care records by having satisfied the requirements of
  Subsection (a-1)(1), (a-1)(2), or (a-1)(3), as applicable.
         SECTION 4.  Section 101A.261, Human Resources Code, is
  amended to read as follows:
         Sec. 101A.261.  PUBLIC INFORMATION. (a) The office shall
  provide information and make recommendations to public agencies,
  legislators, and other persons about the problems and concerns of
  residents.
         (b)  The office shall include on each of the office's
  publications a disclosure statement explaining that:
               (1)  the office acts independently of the commission;
               (2)  the office does not regulate long-term care
  facilities; and
               (3)  information the office publishes is for
  educational purposes only.
         SECTION 5.  Section 101A.262(a), Human Resources Code, is
  amended to read as follows:
         (a)  The office shall prepare a report that contains:
               (1)  information and findings relating to the problems
  and concerns of residents; [and]
               (2)  policy, regulatory, and legislative
  recommendations to solve the problems, resolve the concerns, and
  improve the quality of the residents' care and lives;
               (3)  a list of persons representing the office who
  submitted a sworn statement to a committee of the legislature
  indicating the office was present in favor of, in opposition to, or
  without taking a position on legislation and a description of the
  legislation, including the bill number, the position taken, and a
  summary of the testimony given; and
               (4)  if the office submitted a public comment on a
  proposed rule published in the Texas Register, a citation to the
  volume and page numbers in the Texas Register that included the
  proposed rule and a summary of the submitted comment.
         SECTION 6.  This Act takes effect September 1, 2023.