89R27986 MPF-D

By: Rose, Thompson, Y. Davis of Dallas, H.B. No. 5396

Bowers, A. Davis of Dallas

Substitute the following for H.B. No. 5396:

By: Hull C.S.H.B. No. 5396

A BILL TO BE ENTITLED

AN ACT

relating to the oversight of rehabilitation hospitals by the office of the state long-term care ombudsman.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Congresswoman Eddie Bernice Johnson Rehabilitation Hospital Care Ombudsman Act of 2025.

SECTION 2. Section 101A.251, Human Resources Code, is amended by amending Subdivision (1-a) and adding Subdivisions (1-b) and (3-b) to read as follows:

(1-a) "Imminent peril" means the condition of being in immediate danger of bodily injury, physical or mental impairment, or death.

(1-b) "Local ombudsman entity" means a distinct unit or entity, consisting of representatives, designated by the state long-term care ombudsman to carry out the ombudsman program in a service area of the state.

(3-b) "Rehabilitation hospital" means a hospital as defined by Section 241.003, Health and Safety Code, that specializes in providing comprehensive medical rehabilitation services, including surgery and related ancillary services.

SECTION 3. Section 101A.254, Human Resources Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:

(a-1) The office may receive, investigate, and resolve complaints regarding the health or safety of rehabilitation hospital patients who may be in imminent peril as a result of care provided or withheld by rehabilitation hospital staff.

(b) The office may use appropriate administrative, legal, and other remedies to assist residents and rehabilitation hospital patients as provided by commission rules.

SECTION 4. Sections 101A.257(a) and (d), Human Resources Code, are amended to read as follows:

(a) The office shall have access to residents and rehabilitation hospital patients and shall, in accordance with commission rules, investigate and resolve complaints made by or on behalf of residents and rehabilitation hospital patients.

(d) A long-term care facility or rehabilitation hospital shall cooperate with an investigation conducted by the state long-term care ombudsman or a representative, including an ombudsman designated under Section 101A.255.

SECTION 5. Sections 101A.258(a), (a-1), and (b), Human Resources Code, are amended to read as follows:

(a) The state long-term care ombudsman and representatives shall have access to patient care records of residents and rehabilitation hospital patients as provided by commission rules. 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 patient care records of a resident or rehabilitation hospital patient if:

(1) the resident, [or] the resident's legal representative, the patient, or the patient's legal representative consents to the access;

(2) the resident or patient is unable to consent to the access and the resident or patient has no legal representative; or

(3) access to the records is necessary to investigate a complaint and:

(A) a legal representative of the resident or patient 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 or patient is not acting in the best interests of the resident or patient; and

(C) the state long-term care ombudsman approves the access.

(b) The office shall ensure that the identity of a complainant or any resident or rehabilitation hospital patient may be disclosed only with the consent of the person or the person's legal representative or on court order.

SECTION 6. Section 101A.259, Human Resources Code, is amended to read as follows:

Sec. 101A.259. SYSTEM FOR AND METHOD OF REPORTING [SYSTEM]. (a) The office shall maintain a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as long as such system does not duplicate other state reporting systems. The office shall provide the information to the commission in accordance with federal law.

(b) A person may file by telephone or electronic mail a complaint with the office regarding the health or safety of a rehabilitation hospital patient who may be in imminent peril as a result of care provided or withheld by a rehabilitation hospital's staff.

SECTION 7. Subchapter F, Chapter 101A, Human Resources Code, is amended by adding Section 101A.2615 to read as follows:

Sec. 101A.2615. REQUIRED NOTICE AT REHABILITATION HOSPITALS. (a) A rehabilitation hospital shall post in a prominent and conspicuous location at the hospital and in each patient room at the hospital a sign containing information on the procedure for contacting and filing a complaint with the office. The sign must:

(1) be printed in at least 14-point, sans serif typeface on paper at least 8-1/2 by 11 inches in size;

(2) contain the contact information for filing a complaint against a rehabilitation hospital, including the telephone number and electronic mail address for the appropriate person to receive the complaint; and

(3) contain the following statement:

"If you believe you are in immediate danger of bodily injury, physical or mental impairment, or death as a result of care you are receiving or not receiving at this facility, contact the Office of the Long-Term Care Ombudsman."

(b) The executive commissioner by rule shall prescribe the form and content of the sign required by Subsection (a) and post on the commission's Internet website a model sign that complies with this section and commission rules.

SECTION 8. Section 101A.261, Human Resources Code, is amended to read as follows:

Sec. 101A.261. PUBLIC INFORMATION. The office shall provide information and make recommendations to public agencies, legislators, and other persons about the problems and concerns of residents and rehabilitation hospital patients.

SECTION 9. 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 rehabilitation hospital patients; and

(2) policy, regulatory, and legislative recommendations to solve the problems, resolve the concerns, and improve the quality of the residents' and patients' care and lives.

SECTION 10. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall publish on the commission's Internet website the model sign required by Section 101A.2615, Human Resources Code, as added by this Act.

SECTION 11. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Subchapter F, Chapter 101A, Human Resources Code, as amended by this Act.

SECTION 12. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.