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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited provision of certain residential |
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caregiver services by individuals with certain criminal |
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convictions; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02485, Government Code, is |
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transferred to Subchapter D, Chapter 532, Government Code, as |
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effective April 1, 2025, redesignated as Section 532.0157, |
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Government Code, and amended to read as follows: |
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Sec. 532.0157 [531.02485]. REQUIRED REVIEW OF CRIMINAL |
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HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS; |
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CRIMINAL OFFENSE. (a) In this section, "residential caregiver" |
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means an individual who provides, through a group home or other |
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residential facility licensed by or operated under the authority of |
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the commission, community-based residential care services: |
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(1) to not more than four individuals with an |
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intellectual or developmental disability at any time; and |
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(2) at a residence other than the home of the |
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individual providing the services. |
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(b) A Medicaid provider, including a provider providing |
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services under a 1915(c) waiver program, that employs or contracts |
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with a residential caregiver to provide community-based |
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residential care services to [Medicaid] recipients shall review |
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state and federal criminal history record information and obtain |
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electronic updates from the Department of Public Safety of arrests |
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and convictions for each residential caregiver the provider employs |
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or contracts with to provide community-based residential care |
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services to [Medicaid] recipients. |
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(c) An individual who has been convicted of an offense |
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described by Section 250.006, Health and Safety Code, may not be |
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employed or contracted as a residential caregiver or otherwise |
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provide direct care to a [Medicaid] recipient with an intellectual |
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or developmental disability to the same extent and, if applicable, |
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for the same period of time prescribed by Section 250.006(a) or (b), |
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Health and Safety Code, as an individual similarly convicted under |
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those subsections. An individual who violates this subsection is |
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subject to disciplinary action by the commission. An individual who |
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violates this subsection commits an offense. An offense under this |
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subsection is a Class A misdemeanor. |
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(d) A Medicaid provider shall immediately discharge any |
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individual the provider employs or contracts with as a residential |
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caregiver who is convicted of an offense described by Section |
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250.006, Health and Safety Code. |
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(e) Notwithstanding any other law, the commission shall |
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take disciplinary action against a Medicaid provider that violates |
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this section, including imposing an administrative penalty or |
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vendor hold, terminating a contract or license, or any other |
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disciplinary action the commission determines appropriate. In |
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determining the appropriate disciplinary action to take against a |
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Medicaid provider under this subsection, the commission shall |
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consider: |
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(1) the nature and seriousness of the violation; |
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(2) the history of previous violations; and |
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(3) any other matter justice may require. |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. This Act takes effect September 1, 2025. |