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AN ACT
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relating to the protection and care of individuals with |
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intellectual and developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.1144, Government |
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Code, is amended to read as follows: |
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Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: AGENCIES WITH EMPLOYEES, CONTRACTORS, OR VOLUNTEERS |
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AT STATE SUPPORTED LIVING CENTERS. |
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SECTION 2. Sections 411.1144(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) The Department of State Health Services, [and] the |
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Department of Aging and Disability Services, and the Health and |
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Human Services Commission are entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person: |
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(1) who is: |
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(A) an applicant for employment with the agency; |
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(B) an employee of the agency; |
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(C) a volunteer with the agency; [or] |
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(D) an applicant for a volunteer position with |
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the agency; |
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(E) an applicant for a contract with the agency; |
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or |
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(F) a contractor of the agency; and |
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(2) who would be placed in direct contact with a |
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resident or client, as defined by Section 555.001, Health and |
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Safety Code [of a state supported living center or the ICF-MR
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component of the Rio Grande State Center]. |
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(d) Subject to Section 411.087, the Department of State |
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Health Services, [and] the Department of Aging and Disability |
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Services, and the Health and Human Services Commission are entitled |
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to: |
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(1) obtain through the Federal Bureau of Investigation |
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criminal history record information maintained or indexed by that |
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bureau that pertains to a person described by Subsection (a); and |
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(2) obtain from any other criminal justice agency in |
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this state criminal history record information maintained by that |
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criminal justice agency that relates to a person described by |
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Subsection (a). |
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SECTION 3. The heading to Subchapter U, Chapter 531, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER U. MORTALITY REVIEW FOR CERTAIN INDIVIDUALS WITH |
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INTELLECTUAL OR DEVELOPMENTAL DISABILITIES |
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SECTION 4. Subchapter U, Chapter 531, Government Code, is |
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amended by adding Section 531.8501 to read as follows: |
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Sec. 531.8501. DEFINITION. In this subchapter, "contracted |
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organization" means an entity that contracts with the Health and |
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Human Services Commission for the provision of services as |
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described by Section 531.851(c). |
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SECTION 5. Sections 531.851(a), (c), (d), and (e), |
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Government Code, are amended to read as follows: |
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(a) The executive commissioner shall establish an |
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independent mortality review system to review the death of a person |
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with an intellectual or [a] developmental disability who, at the |
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time of the person's death or at any time during the 24-hour period |
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before the person's death: |
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(1) resided in or received services from: |
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(A) an intermediate care facility for persons |
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with an intellectual or developmental disability (ICF/IID) [mental
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retardation (ICF-MR)] operated or licensed by the Department of |
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Aging and Disability Services or a community center; or |
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(B) the ICF/IID [ICF-MR] component of the Rio |
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Grande State Center; or |
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(2) received services [residential assistance] |
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through a Section 1915(c) waiver program for [serving] individuals |
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who are eligible for ICF/IID [ICF-MR] services [in a residence in
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which residential assistance is provided to three or more persons
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and in which the waiver program provider has a property interest]. |
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(c) The executive commissioner shall contract with an |
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institution of higher education or a health care organization or |
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association with experience in conducting research-based mortality |
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studies [a patient safety organization certified in accordance with
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42 C.F.R. Part 3, as effective on January 19, 2009,] to conduct |
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independent mortality reviews of persons with an intellectual or |
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developmental disability [required by this subchapter]. The |
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contract must require the contracted [patient safety] organization |
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to form a [conduct an independent mortality] review [using a] team |
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consisting of: |
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(1) a physician with expertise regarding the medical |
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treatment of individuals with intellectual or developmental |
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disabilities [mental retardation]; |
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(2) a registered nurse with expertise regarding the |
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medical treatment of individuals with intellectual or |
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developmental disabilities [mental retardation]; |
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(3) a clinician or other professional with expertise |
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in the delivery of services and supports for individuals with |
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intellectual or developmental disabilities [mental retardation]; |
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and |
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(4) any other appropriate person as provided by the |
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executive commissioner. |
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(d) The executive commissioner shall adopt rules regarding |
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the manner in which the death of a person described by Subsection |
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(a) must be reported to the contracted [patient safety] |
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organization by a facility or waiver program provider described by |
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that subsection. |
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(e) To ensure consistency across mortality review systems, |
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a review under this section must collect information consistent |
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with the information required to be collected by any other |
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independent mortality review process established specifically for |
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persons with intellectual or developmental disabilities [mental
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retardation]. |
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SECTION 6. Section 531.852, Government Code, is amended to |
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read as follows: |
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Sec. 531.852. ACCESS TO INFORMATION. (a) A contracted |
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[patient safety] organization may request information and records |
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regarding a deceased person as necessary to carry out the |
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contracted [patient safety] organization's duties. Records and |
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information that may be requested under this section include: |
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(1) medical, dental, and mental health care |
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information; and |
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(2) information and records maintained by any state or |
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local government agency, including: |
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(A) a birth certificate; |
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(B) law enforcement investigative data; |
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(C) medical examiner investigative data; |
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(D) juvenile court records; |
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(E) parole and probation information and |
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records; and |
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(F) adult or child protective services |
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information and records. |
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(b) On request of the contracted [patient safety] |
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organization, the custodian of the relevant information and records |
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relating to a deceased person shall provide those records to the |
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contracted [patient safety] organization at no charge. |
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SECTION 7. Section 531.853, Government Code, is amended to |
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read as follows: |
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Sec. 531.853. MORTALITY REVIEW REPORT. Subject to Section |
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531.854, a contracted [The patient safety] organization shall[, to
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the extent allowed by federal law,] submit: |
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(1) to the Department of Aging and Disability |
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Services, the Department of Family and Protective Services, the |
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office of independent ombudsman for state supported living centers, |
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and the commission's office of inspector general a report of the |
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findings of the mortality review; and |
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(2) semiannually to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committees of the senate and house of representatives with |
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primary jurisdiction over the Department of Aging and Disability |
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Services, the Department of Family and Protective Services, the |
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office of independent ombudsman for state supported living centers, |
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and the commission's office of inspector general a report that |
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contains: |
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(A) aggregate information regarding the deaths |
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for which the contracted [patient safety] organization performed an |
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independent mortality review; |
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(B) trends in the causes of death identified by |
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the contracted [patient safety] organization; and |
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(C) any suggestions for system-wide improvements |
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to address conditions that contributed to deaths reviewed by the |
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contracted [patient safety] organization. |
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SECTION 8. Section 531.854, Government Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsections (f) |
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and (g) to read as follows: |
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(a) The commission may use or publish information under this |
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subchapter only to advance statewide practices regarding the |
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treatment and care of individuals with intellectual and |
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developmental disabilities. A summary of the data in the |
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contracted [patient safety] organization's reports or a |
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statistical compilation of data reports may be released by the |
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commission for general publication if the summary or statistical |
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compilation does not contain any information that would permit the |
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identification of an individual or that is confidential or |
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privileged under this subchapter or other state or federal law |
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[patient safety work product]. |
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(b) Information and records acquired by the contracted |
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[patient safety] organization in the exercise of its duties under |
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this subchapter are confidential and exempt from disclosure under |
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the open records law, Chapter 552, and may be disclosed only as |
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necessary to carry out the contracted [patient safety] |
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organization's duties. |
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(e) Reports, information, statements, memoranda, and other |
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information furnished under this subchapter to the contracted |
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organization and any findings or conclusions resulting from a |
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review by the contracted [patient safety] organization are |
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privileged. |
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(f) A contracted organization's report of the findings of |
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the independent mortality review conducted under this subchapter |
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and any records developed by the contracted organization relating |
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to the review: |
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(1) are confidential and privileged; |
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(2) are not subject to discovery or subpoena; and |
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(3) may not be introduced into evidence in any civil, |
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criminal, or administrative proceeding. |
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(g) A member of the contracted organization's review team |
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may not testify or be required to testify in a civil, criminal, or |
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administrative proceeding as to observations, factual findings, or |
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conclusions that were made in conducting a review under this |
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subchapter. |
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SECTION 9. Section 531.855, Government Code, is amended to |
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read as follows: |
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Sec. 531.855. LIMITATION ON LIABILITY. A health care |
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provider or other person is not civilly or criminally liable for |
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furnishing information to the contracted [patient safety] |
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organization or to the commission for use by the contracted |
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[patient safety] organization in accordance with this subchapter |
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unless the person acted in bad faith or knowingly provided false |
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information to the contracted [patient safety] organization or the |
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commission. |
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SECTION 10. Section 555.021, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 555.021. REQUIRED CRIMINAL HISTORY CHECKS FOR |
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EMPLOYEES, CONTRACTORS, AND VOLUNTEERS [OF CENTERS]. (a) The |
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department, [and] the Department of State Health Services, and the |
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Health and Human Services Commission shall perform a state and |
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federal criminal history background check on a person: |
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(1) who is: |
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(A) an applicant for employment with the agency; |
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(B) an employee of the agency; |
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(C) a volunteer with the agency; [or] |
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(D) an applicant for a volunteer position with |
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the agency; |
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(E) an applicant for a contract with the agency; |
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or |
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(F) a contractor of the agency; and |
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(2) who would be placed in direct contact with a |
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resident or client. |
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(b) The department, [and] the Department of State Health |
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Services, and the Health and Human Services Commission shall |
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require a person described by Subsection (a) to submit fingerprints |
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in a form and of a quality acceptable to the Department of Public |
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Safety and the Federal Bureau of Investigation for use in |
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conducting a criminal history background check. |
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(c) Each agency shall obtain electronic updates from the |
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Department of Public Safety of arrests and convictions of a person: |
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(1) for whom the agency performs a background check |
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under Subsection (a); and |
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(2) who remains an employee, contractor, or volunteer |
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of the agency and continues to have direct contact with a resident |
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or client. |
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SECTION 11. Section 252.134, Health and Safety Code, is |
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repealed. |
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SECTION 12. Section 531.851, Government Code, as amended by |
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this Act, does not apply to a contract entered into by the executive |
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commissioner of the Health and Human Services Commission before |
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June 1, 2013. A contract entered into before June 1, 2013, is |
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governed by the law in effect on the date the contract was entered |
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into, and that law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2673 was passed by the House on April |
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25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2673 was passed by the Senate on May |
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20, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |