S.B. No. 1880

	AN ACT
	relating to the authority of the Department of Family and
	Protective Services to investigate abuse, neglect, or exploitation
	of individuals receiving services from certain providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 48.002(a), Human Resources Code, is
	amended by adding Subdivision (11) to read as follows:
	(11)  "Home and community-based services" has the
	meaning assigned by Section 48.251.
	SECTION 2.  Section 48.002(b), Human Resources Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(b)  The definitions of "abuse," "neglect," [and]
	"exploitation," and "an individual receiving services" adopted by
	the executive commissioner as prescribed by Section 48.251(b)
	[48.251] apply to an investigation of abuse, neglect, or
	exploitation conducted under Subchapter F [or H].
	SECTION 3.  Section 48.003, Human Resources Code, is amended
	to read as follows:
	Sec. 48.003.  INVESTIGATIONS IN NURSING FACILITIES [HOMES],
	ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES. (a)  Except as
	provided by Subsection (c), this [This] chapter does not apply if
	the alleged or suspected abuse, neglect, or exploitation occurs in
	a facility licensed under Chapter 242 or 247, Health and Safety
	Code.
	(b)  Alleged or suspected abuse, neglect, or exploitation
	that occurs in a facility licensed under Chapter 242 or 247, Health
	and Safety Code, is governed by Chapter 260A, Health and Safety
	Code, except as otherwise provided by Subsection (c).
	(c)  Subchapter F applies to an investigation of alleged or
	suspected abuse, neglect, or exploitation in which a provider of
	home and community-based services is or may be alleged to have
	committed the abuse, neglect, or exploitation, regardless of
	whether the facility in which those services were provided is
	licensed under Chapter 242 or 247, Health and Safety Code.
	SECTION 4.  Sections 48.051(a) and (b), Human Resources
	Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
	Regular Session, 2015, are amended to read as follows:
	(a)  Except as prescribed by Subsection (b), a person having
	cause to believe that an elderly person, a [or] person with a
	disability, or an individual receiving services from a provider as
	described by Subchapter F is in the state of abuse, neglect, or
	exploitation[, including a person with a disability who is
	receiving services as described by Section 48.252,] shall report
	the information required by Subsection (d) immediately to the
	department.
	(b)  If a person has cause to believe that an elderly person
	or a person with a disability, other than an individual [a person
	with a disability] receiving services from a provider as described
	by Subchapter F [Section 48.252], has been abused, neglected, or
	exploited in a facility operated, licensed, certified, or
	registered by a state agency, the person shall report the
	information to the state agency that operates, licenses, certifies,
	or registers the facility for investigation by that agency.
	SECTION 5.  Section 48.103, Human Resources Code, is amended
	by amending Subsection (a), as amended by S.B. No. 219, Acts of the
	84th Legislature, Regular Session, 2015, and adding Subsection (c)
	to read as follows:
	(a)  Except as otherwise provided by Subsection (c), on [On]
	determining after an investigation that an elderly person or a
	person with a disability has been abused, exploited, or neglected
	by an employee of a home and community support services agency
	licensed under Chapter 142, Health and Safety Code, the department
	shall:
	(1)  notify the state agency responsible for licensing
	the home and community support services agency of the department's
	determination;
	(2)  notify any health and human services agency, as
	defined by Section 531.001, Government Code, that contracts with
	the home and community support services agency for the delivery of
	health care services of the department's determination; and
	(3)  provide to the licensing state agency and any
	contracting health and human services agency access to the
	department's records or documents relating to the department's
	investigation.
	(c)  This section does not apply to an investigation of
	alleged or suspected abuse, neglect, or exploitation in which a
	provider, as defined by Section 48.251, is or may be alleged to have
	committed the abuse, neglect, or exploitation. An investigation
	described by this subsection is governed by Subchapter F.
	SECTION 6.  Section 48.151(e), Human Resources Code, is
	amended to read as follows:
	(e)  This section does not apply to investigations conducted
	under Subchapter F [or H].
	SECTION 7.  Section 48.201, Human Resources Code, as amended
	by S.B. No. 219, Acts of the 84th Legislature, Regular Session,
	2015, is amended to read as follows:
	Sec. 48.201.  APPLICATION OF SUBCHAPTER.  Except as
	otherwise provided, this subchapter does not apply to an
	investigation conducted under Subchapter F [or H].
	SECTION 8.  Subchapter F, Chapter 48, Human Resources Code,
	as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	SUBCHAPTER F.  INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION
	OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS [IN
	CERTAIN FACILITIES, COMMUNITY CENTERS, AND LOCAL MENTAL HEALTH AND
	INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES]
	Sec. 48.251.  DEFINITIONS. (a)  In this subchapter:
	(1)  "Behavioral health services" means:
	(A)  mental health services, as defined by Section
	531.002, Health and Safety Code; and
	(B)  interventions provided to treat chemical
	dependency, as defined by Section 461A.002, Health and Safety Code.
	(2)  "Community center" has the meaning assigned by
	Section 531.002, Health and Safety Code.
	(3)  "Facility" means:
	(A)  a facility listed in Section 532.001(b) or
	532A.001(b), Health and Safety Code, including community services
	operated by the Department of State Health Services or Department
	of Aging and Disability Services, as described by those sections,
	or a person contracting with a health and human services agency to
	provide inpatient mental health services; and
	(B)  a facility licensed under Chapter 252, Health
	and Safety Code.
	(4)  "Health and human services agency" has the meaning
	assigned by Section 531.001, Government Code.
	(5)  "Home and community-based services" means
	services provided in the home or community in accordance with 42
	U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section
	1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by
	department rule.
	(6)  "Local intellectual and developmental disability
	authority" has the meaning assigned by Section 531.002, Health and
	Safety Code.
	(7)  "Local mental health authority" has the meaning
	assigned by Section 531.002, Health and Safety Code.
	(8)  "Managed care organization" has the meaning
	assigned by Section 533.001, Government Code.
	(9)  "Provider" means:
	(A)  a facility;
	(B)  a community center, local mental health
	authority, and local intellectual and developmental disability
	authority;
	(C)  a person who contracts with a health and
	human services agency or managed care organization to provide home
	and community-based services;
	(D)  a person who contracts with a Medicaid
	managed care organization to provide behavioral health services;
	(E)  a managed care organization;
	(F)  an officer, employee, agent, contractor, or
	subcontractor of a person or entity listed in Paragraphs (A)-(E);
	and
	(G)  an employee, fiscal agent, case manager, or
	service coordinator of an individual employer participating in the
	consumer-directed service option, as defined by Section 531.051,
	Government Code.
	(b)  The executive commissioner by rule shall adopt
	definitions of "abuse," "neglect," "exploitation," and "an
	individual receiving services" for purposes of this subchapter and
	["exploitation" to govern] investigations conducted under this
	subchapter [and Subchapter H].
	Sec. 48.252.  INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR
	EXPLOITATION BY PROVIDER [IN CERTAIN FACILITIES AND IN COMMUNITY
	CENTERS].  (a)  The department shall receive and, except as
	provided by Subsection (b), shall investigate under this subchapter
	reports of the abuse, neglect, or exploitation of an individual
	[with a disability] receiving services if the person alleged or
	suspected to have committed the abuse, neglect, or exploitation is
	a provider[:
	[(1)  in:
	[(A)     a mental health facility operated by the
	Department of State Health Services; or
	[(B)     a facility licensed under Chapter 252,
	Health and Safety Code;
	[(2)     in or from a community center, a local mental
	health authority, or a local intellectual and developmental
	disability authority; or
	[(3)     through a program providing services to that
	person by contract with a mental health facility operated by the
	Department of State Health Services, a community center, a local
	mental health authority, or a local intellectual and developmental
	disability authority].
	(b)  The department may not [shall receive and shall]
	investigate under this subchapter reports of [the] abuse, neglect,
	or exploitation alleged or suspected to have been committed by a
	provider that is operated, licensed, certified, or registered by a
	state agency that has authority under this chapter or other law to
	investigate reports of abuse, neglect, or exploitation of an
	individual by the provider. The department shall forward any
	report of abuse, neglect, or exploitation alleged or suspected to
	have been committed by a provider described by this subsection to
	the appropriate state agency for investigation [of an individual
	with a disability receiving services:
	[(1)     in a state supported living center or the ICF-IID
	component of the Rio Grande State Center; or
	[(2)     through a program providing services to that
	person by contract with a state supported living center or the
	ICF-IID component of the Rio Grande State Center].
	(c)  The department shall receive and investigate under this
	subchapter reports of abuse, neglect, or exploitation of an
	individual who lives in a residence that is owned, operated, or
	controlled by a provider who provides home and community-based
	services under the home and community-based services waiver program
	described by Section 534.001(11)(B), Government Code, regardless
	of whether the individual is receiving services under that waiver
	program from the provider. [The executive commissioner by rule
	shall define who is "an individual with a disability receiving
	services."
	[(d)     In this section, "community center," "local mental
	health authority," and "local intellectual and developmental
	disability authority" have the meanings assigned by Section
	531.002, Health and Safety Code.]
	Sec. 48.253.  ACTION ON REPORT. (a)  On receipt by the
	department of a report of alleged abuse, neglect, or exploitation
	under this subchapter, the department shall initiate a prompt and
	thorough investigation as needed to evaluate the accuracy of the
	report and to assess the need for emergency protective services,
	unless the department, in accordance with rules adopted under this
	subchapter, determines that the report:
	(1)  is frivolous or patently without a factual basis;
	or
	(2)  does not concern abuse, neglect, or exploitation.
	(b)  After receiving a report that alleges that a provider is
	or may be the person who committed the alleged abuse, neglect, or
	exploitation, the department shall notify the provider and the
	appropriate health and human services agency in accordance with
	rules adopted by the executive commissioner.
	(c)  The provider identified under Subsection (b) shall:
	(1)  cooperate completely with an investigation
	conducted under this subchapter; and
	(2)  provide the department complete access during an
	investigation to:
	(A)  all sites owned, operated, or controlled by
	the provider; and
	(B)  clients and client records.
	(d)  The executive commissioner shall adopt rules governing
	investigations conducted under this subchapter.
	Sec. 48.254.  FORWARDING OF CERTAIN REPORTS.  (a)  The
	executive commissioner by rule shall establish procedures for the
	department to use to [In accordance with department rules, the
	department shall] forward a copy of the initial intake report and a
	copy of the completed provider investigation report relating to
	alleged or suspected abuse, neglect, or exploitation to the
	appropriate provider and health and human services agency
	[facility, community center, local mental health authority, local
	intellectual and developmental disability authority, or program
	providing mental health or intellectual disability services under
	contract with the facility, community center, or authority].
	(b)  The department shall redact from an initial intake
	report and from the copy of the completed provider investigation
	report any identifying information contained in the report relating
	to the person who reported the alleged or suspected abuse, neglect,
	or exploitation under Section 48.051.
	(c)  A provider that receives a completed investigation
	report under Subsection (a) shall forward the report to the managed
	care organization with which the provider contracts for services
	for the alleged victim.
	Sec. 48.255.  RULES FOR INVESTIGATIONS UNDER THIS
	SUBCHAPTER. (a)  The executive commissioner [department, the
	Department of Aging and Disability Services, and the Department of
	State Health Services] shall adopt [develop] rules to:
	(1)  prioritize investigations conducted under this
	subchapter with the primary criterion being whether there is a risk
	that a delay in the investigation will impede the collection of
	evidence in that investigation;
	(2)  [facilitate investigations in state mental health
	facilities and state supported living centers.
	[(b)  The executive commissioner by rule shall] establish
	procedures for resolving disagreements between the department and
	health and human services agencies [the Department of Aging and
	Disability Services or the Department of State Health Services]
	concerning the department's investigation findings; and
	(3)  provide for an appeals process by the department
	for the alleged victim of abuse, neglect, or exploitation.
	(b) [(c)     The department, the Department of Aging and
	Disability Services, and the Department of State Health Services
	shall develop and propose to the executive commissioner rules to
	facilitate investigations in community centers, local mental
	health authorities, and local intellectual and developmental
	disability authorities.
	[(c-1)     The executive commissioner shall adopt rules
	regarding investigations in a facility licensed under Chapter 252,
	Health and Safety Code, to ensure that those investigations are as
	consistent as practicable with other investigations conducted
	under this subchapter.
	[(d)]  A confirmed investigation finding by the department
	may not be changed by the administrator [a superintendent] of a
	[state mental health] facility, [by a director of a state supported
	living center, by a director of] a community center, [or by] a local
	mental health authority, or a local intellectual and developmental
	disability authority.
	[(e)     The executive commissioner shall provide by rule for an
	appeals process by the alleged victim of abuse, neglect, or
	exploitation under this section.
	[(f)     The executive commissioner by rule may assign
	priorities to an investigation conducted by the department under
	this section.   The primary criterion used by the executive
	commissioner in assigning a priority must be the risk that a delay
	in the investigation will impede the collection of evidence.]
	Sec. 48.256.  SHARING PROVIDER INFORMATION. (a)  The
	executive commissioner shall adopt rules that prescribe the
	appropriate manner in which health and human services agencies and
	managed care organizations provide the department with information
	necessary to facilitate identification of individuals receiving
	services from providers and to facilitate notification of providers
	by the department.
	(b)  The executive commissioner shall adopt rules requiring
	a provider to provide information to the administering health and
	human services agency necessary to facilitate identification by the
	department of individuals receiving services from providers and to
	facilitate notification of providers by the department.
	(c)  A provider of home and community-based services under
	the home and community-based services waiver program described by
	Section 534.001(11)(B), Government Code, shall post in a
	conspicuous location inside any residence owned, operated, or
	controlled by the provider in which home and community-based waiver
	services are provided, a sign that states:
	(1)  the name, address, and telephone number of the
	provider;
	(2)  the effective date of the provider's contract with
	the applicable health and human services agency to provide home and
	community-based services; and
	(3)  the name of the legal entity that contracted with
	the applicable health and human services agency to provide those
	services.
	Sec. 48.257.  RETALIATION PROHIBITED. (a)  A provider of
	home and community-based services may not retaliate against a
	person for filing a report or providing information in good faith
	relating to the possible abuse, neglect, or exploitation of an
	individual receiving services.
	(b)  This section does not prohibit a provider of home and
	community-based services from terminating an employee for a reason
	other than retaliation.
	Sec. 48.258.  [SINGLE] TRACKING SYSTEM FOR REPORTS AND
	INVESTIGATIONS. (a)  The health and human services agencies
	[department, the Department of Aging and Disability Services, and
	the Department of State Health Services] shall, at the direction of
	the executive commissioner, jointly develop and implement a
	[single] system to track reports and investigations under this
	subchapter.
	(b)  To facilitate implementation of the system, the health
	and human services agencies [department, the Department of Aging
	and Disability Services, and the Department of State Health
	Services] shall use appropriate methods of measuring the number and
	outcome of reports and investigations under this subchapter.
	SECTION 9.  Section 48.301, Human Resources Code, is amended
	by amending Subsection (a), as amended by S.B. No. 219, Acts of the
	84th Legislature, Regular Session, 2015, and adding Subsection
	(a-1) to read as follows:
	(a)  If the department receives a report of suspected abuse,
	neglect, or exploitation of an elderly person or a person with a
	disability[, other than a person with a disability who is]
	receiving services [as described by Section 48.252,] in a facility
	operated, licensed, certified, or registered by a state agency, the
	department shall refer the report to that agency.
	(a-1)  This subchapter does not apply to a report of
	suspected abuse, neglect, or exploitation of an individual
	receiving services from a provider as described by Subchapter F.
	SECTION 10.  Sections 48.401(1) and (3), Human Resources
	Code, are amended to read as follows:
	(1)  "Agency" means:
	(A)  an entity licensed under Chapter 142, Health
	and Safety Code;
	(B)  a person exempt from licensing under Section
	142.003(a)(19), Health and Safety Code;
	(C)  a facility licensed under Chapter 252, Health
	and Safety Code; or
	(D)  a provider [an entity] investigated by the
	department under Subchapter F or under Section 261.404, Family
	Code.
	(3)  "Employee" means a person who:
	(A)  works for:
	(i)  an agency; or
	(ii)  an individual employer participating
	in the consumer-directed service option, as defined by Section
	531.051, Government Code;
	(B)  provides personal care services, active
	treatment, or any other [personal] services to an individual
	receiving agency services, an individual who is a child for whom an
	investigation is authorized under Section 261.404, Family Code, or
	an individual receiving services through the consumer-directed
	service option, as defined by Section 531.051, Government Code; and
	(C)  is not licensed by the state to perform the
	services the person performs for the agency or the individual
	employer participating in the consumer-directed service option, as
	defined by Section 531.051, Government Code.
	SECTION 11.  The heading to Section 261.404, Family Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	Sec. 261.404.  INVESTIGATIONS REGARDING CERTAIN CHILDREN
	RECEIVING SERVICES FROM CERTAIN PROVIDERS [WITH MENTAL ILLNESS OR
	AN INTELLECTUAL DISABILITY].
	SECTION 12.  Section 261.404, Family Code, as amended by
	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
	is amended by amending Subsections (a) and (b) and adding
	Subsections (a-1), (a-2), and (a-3) to read as follows:
	(a)  The 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 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[:
	[(1)     in a facility operated by the Department of Aging
	and Disability Services or a mental health facility operated by the
	Department of State Health Services;
	[(2)     in or from a community center, a local mental
	health authority, or a local intellectual and developmental
	disability authority;
	[(3)     through a program providing services to that
	child by contract with a facility operated by the Department of
	Aging and Disability Services, a mental health facility operated by
	the Department of State Health Services, a community center, a
	local mental health authority, or a local intellectual and
	developmental disability authority;
	[(4)     from a provider of home and community-based
	services who contracts with the Department of Aging and Disability
	Services; or
	[(5)     in a facility licensed under Chapter 252, Health
	and Safety Code].
	(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-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-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 department shall investigate the report under rules
	developed by the executive commissioner [with the advice and
	assistance of the department, the Department of Aging and
	Disability Services, and the Department of State Health Services].
	SECTION 13.  Section 142.009(c), Health and Safety Code, is
	amended to read as follows:
	(c)  The department or its authorized representative shall
	investigate each complaint received regarding the provision of home
	health, hospice, or personal assistance services[, including any
	allegation of abuse, neglect, or exploitation of a child under the
	age of 18,] and may, as a part of the investigation:
	(1)  conduct an unannounced survey of a place of
	business, including an inspection of medical and personnel records,
	if the department has reasonable cause to believe that the place of
	business is in violation of this chapter or a rule adopted under
	this chapter;
	(2)  conduct an interview with a recipient of home
	health, hospice, or personal assistance services, which may be
	conducted in the recipient's home if the recipient consents;
	(3)  conduct an interview with a family member of a
	recipient of home health, hospice, or personal assistance services
	who is deceased or other person who may have knowledge of the care
	received by the deceased recipient of the home health, hospice, or
	personal assistance services; or
	(4)  interview a physician or other health care
	practitioner, including a member of the personnel of a home and
	community support services agency, who cares for a recipient of
	home health, hospice, or personal assistance services.
	SECTION 14.  Section 260A.002, Health and Safety Code, is
	amended by adding Subsection (a-1) to read as follows:
	(a-1)  Notwithstanding any other provision of this chapter,
	a report made under this section that a provider is or may be
	alleged to have committed abuse, neglect, or exploitation of a
	resident of a facility other than a prescribed pediatric extended
	care center shall be investigated by the Department of Family and
	Protective Services in accordance with Subchapter F, Chapter 48,
	Human Resources Code, and this chapter does not apply to that
	investigation.  In this subsection, "facility" and "provider" have
	the meanings assigned by Section 48.251, Human Resources Code.
	SECTION 15.  The following are repealed:
	(1)  Section 261.404(f), Family Code, as amended by
	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015;
	and
	(2)  Subchapter H, Chapter 48, Human Resources Code.
	SECTION 16.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1880 passed the Senate on
	April 28, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1880 passed the House on
	May 26, 2015, by the following vote:  Yeas 144, Nays 2, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor