Bill Summary – FastDemocracy

      
            H.B. No. 4696
         
               AN ACT
            
            relating to the reporting and investigation of certain allegations 
         
            of abuse, neglect, and exploitation, the making and investigation 
         
            of complaints alleging violations of certain health facility 
         
            licensing requirements, and the content of the employee misconduct 
         
            registry.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 261.005, Family Code, is amended to read 
         
            as follows:
         
                   Sec. 261.005.  REFERENCE TO EXECUTIVE COMMISSIONER OR 
         
            COMMISSION.  Unless otherwise provided by a provision of this 
         
            chapter, in [In] this chapter:
         
                         (1)  a reference to the executive commissioner or the 
         
            executive commissioner of the Health and Human Services Commission 
         
            means the commissioner of the department; and
         
                         (2)  a reference to the Health and Human Services 
         
            Commission means the department.
         
                   SECTION 2.  Section 261.105(c-1), Family Code, is amended to 
         
            read as follows:
         
                   (c-1)  Notwithstanding Subsections (b) and (c), if a report 
         
            under this section relates to a child with an intellectual 
         
            disability receiving services in a state supported living center as 
         
            defined by Section 531.002, Health and Safety Code, or the ICF-IID 
         
            component of the Rio Grande State Center, the department shall 
         
            immediately notify the commission and the commission shall proceed 
         
            with the investigation of the report as provided by Section 
         
            261.404. Notwithstanding Section 261.005, in this subsection, 
         
            "commission" means the Health and Human Services Commission.
         
                   SECTION 3.  Section 261.404, Family Code, is amended by 
         
            amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), and (d) 
         
            and adding Subsection (a-4) to read as follows:
         
                   (a)  Notwithstanding Section 261.005, in this section:
         
                         (1)  "Commission" means the Health and Human Services 
         
            Commission.
         
                         (2)  "Executive commissioner" means the executive 
         
            commissioner of the Health and Human Services Commission.
         
                   (a-1)  The commission [department] shall investigate a 
         
            report of abuse, neglect, or exploitation of a child receiving 
         
            services from a provider, as those terms are defined by Section 
         
            48.251, Human Resources Code, or as otherwise defined by rule.  The 
         
            commission [department] shall also investigate, under Subchapter 
         
            F, Chapter 48, Human Resources Code, a report of abuse, neglect, or 
         
            exploitation of a child receiving services from an officer, 
         
            employee, agent, contractor, or subcontractor of a home and 
         
            community support services agency licensed under Chapter 142, 
         
            Health and Safety Code, if the officer, employee, agent, 
         
            contractor, or subcontractor is or may be the person alleged to have 
         
            committed the abuse, neglect, or exploitation.
         
                   (a-2) [(a-1)]  For an investigation of a child living in a 
         
            residence owned, operated, or controlled by a provider of services 
         
            under the home and community-based services waiver program 
         
            described by Section 534.001(11)(B), Government Code, the 
         
            department, in accordance with Subchapter E, Chapter 48, Human 
         
            Resources Code, may provide emergency protective services 
         
            necessary to immediately protect the child from serious physical 
         
            harm or death and, if necessary, obtain an emergency order for 
         
            protective services under Section 48.208, Human Resources Code.
         
                   (a-3) [(a-2)]  For an investigation of a child living in a 
         
            residence owned, operated, or controlled by a provider of services 
         
            under the home and community-based services waiver program 
         
            described by Section 534.001(11)(B), Government Code, regardless 
         
            of whether the child is receiving services under that waiver 
         
            program from the provider, the department shall provide protective 
         
            services to the child in accordance with Subchapter E, Chapter 48, 
         
            Human Resources Code.
         
                   (a-4) [(a-3)]  For purposes of this section, Subchapters E 
         
            and F, Chapter 48, Human Resources Code, apply to an investigation 
         
            of a child and to the provision of protective services to that child 
         
            in the same manner those subchapters apply to an investigation of an 
         
            elderly person or person with a disability and the provision of 
         
            protective services to that person.
         
                   (b)  The commission [department] shall investigate a [the] 
         
            report under this section under rules developed by the executive 
         
            commissioner.
         
                   (c)  If a report under this section relates to a child with an 
         
            intellectual disability receiving services in a state supported 
         
            living center or the ICF-IID component of the Rio Grande State 
         
            Statutes affected: 
Introduced: Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 253.001, Health and Safety Code 48.251, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Health and Safety Code 48, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253)
House Committee Report: Family Code 261.005, Family Code 261.404, Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 252.039, Health and Safety Code 252.132, Health and Safety Code 252.125, Health and Safety Code 253.001, Human Resources Code 48.0021, Human Resources Code 48.051, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Family Code 261, Health and Safety Code 48, Health and Safety Code 252, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253)
Engrossed: Family Code 261.005, Family Code 261.404, Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 252.039, Health and Safety Code 252.132, Health and Safety Code 252.125, Health and Safety Code 253.001, Human Resources Code 48.0021, Human Resources Code 48.051, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Family Code 261, Health and Safety Code 48, Health and Safety Code 252, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253)
Se




	AN ACT
	relating to the reporting and investigation of certain allegations
	of abuse, neglect, and exploitation, the making and investigation
	of complaints alleging violations of certain health facility
	licensing requirements, and the content of the employee misconduct
	registry.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 261.005, Family Code, is amended to read
	as follows:
	Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR
	COMMISSION. Unless otherwise provided by a provision of this
	chapter, in [In] this chapter:
	(1) a reference to the executive commissioner or the
	executive commissioner of the Health and Human Services Commission
	means the commissioner of the department; and
	(2) a reference to the Health and Human Services
	Commission means the department.
	SECTION 2. Section 261.105(c-1), Family Code, is amended to
	read as follows:
	(c-1) Notwithstanding Subsections (b) and (c), if a report
	under this section relates to a child with an intellectual
	disability receiving services in a state supported living center as
	defined by Section 531.002, Health and Safety Code, or the ICF-IID
	component of the Rio Grande State Center, the department shall
	immediately notify the commission and the commission shall proceed
	with the investigation of the report as provided by Section
	261.404. Notwithstanding Section 261.005, in this subsection,
	"commission" means the Health and Human Services Commission.
	SECTION 3. Section 261.404, Family Code, is amended by
	amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), and (d)
	and adding Subsection (a-4) to read as follows:
	(a) Notwithstanding Section 261.005, in this section:
	(1) "Commission" means the Health and Human Services
	Commission.
	(2) "Executive commissioner" means the executive
	commissioner of the Health and Human Services Commission.
	(a-1) The commission [~~department~~] shall investigate a
	report of abuse, neglect, or exploitation of a child receiving
	services from a provider, as those terms are defined by Section
	48.251, Human Resources Code, or as otherwise defined by rule. The
	commission [~~department~~] shall also investigate, under Subchapter
	F, Chapter 48, Human Resources Code, a report of abuse, neglect, or
	exploitation of a child receiving services from an officer,
	employee, agent, contractor, or subcontractor of a home and
	community support services agency licensed under Chapter 142,
	Health and Safety Code, if the officer, employee, agent,
	contractor, or subcontractor is or may be the person alleged to have
	committed the abuse, neglect, or exploitation.
	(a-2) [~~(a-1)~~] For an investigation of a child living in a
	residence owned, operated, or controlled by a provider of services
	under the home and community-based services waiver program
	described by Section 534.001(11)(B), Government Code, the
	department, in accordance with Subchapter E, Chapter 48, Human
	Resources Code, may provide emergency protective services
	necessary to immediately protect the child from serious physical
	harm or death and, if necessary, obtain an emergency order for
	protective services under Section 48.208, Human Resources Code.
	(a-3) [~~(a-2)~~] For an investigation of a child living in a
	residence owned, operated, or controlled by a provider of services
	under the home and community-based services waiver program
	described by Section 534.001(11)(B), Government Code, regardless
	of whether the child is receiving services under that waiver
	program from the provider, the department shall provide protective
	services to the child in accordance with Subchapter E, Chapter 48,
	Human Resources Code.
	(a-4) [~~(a-3)~~] For purposes of this section, Subchapters E
	and F, Chapter 48, Human Resources Code, apply to an investigation
	of a child and to the provision of protective services to that child
	in the same manner those subchapters apply to an investigation of an
	elderly person or person with a disability and the provision of
	protective services to that person.
	(b) The commission [~~department~~] shall investigate a [~~the~~]
	report under this section under rules developed by the executive
	commissioner.
	(c) If a report under this section relates to a child with an
	intellectual disability receiving services in a state supported
	living center or the ICF-IID component of the Rio Grande State
Statutes affected: Introduced: Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 253.001, Health and Safety Code 48.251, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Health and Safety Code 48, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253) House Committee Report: Family Code 261.005, Family Code 261.404, Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 252.039, Health and Safety Code 252.132, Health and Safety Code 252.125, Health and Safety Code 253.001, Human Resources Code 48.0021, Human Resources Code 48.051, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Family Code 261, Health and Safety Code 48, Health and Safety Code 252, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253) Engrossed: Family Code 261.005, Family Code 261.404, Health and Safety Code 142.009, Health and Safety Code 142.018, Health and Safety Code 252.039, Health and Safety Code 252.132, Health and Safety Code 252.125, Health and Safety Code 253.001, Human Resources Code 48.0021, Human Resources Code 48.051, Human Resources Code 48.251, Human Resources Code 48.252, Human Resources Code 48.253, Human Resources Code 48.254, Human Resources Code 48.255, Human Resources Code 48.256, Human Resources Code 48.258, Human Resources Code 103.008 (Family Code 261, Health and Safety Code 48, Health and Safety Code 252, Health and Safety Code 142, Human Resources Code 48, Human Resources Code 103, Health and Safety Code 253) Se