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  H.B. No. 1009
 
 
 
 
AN ACT
  relating to imposing requirements on the employment of or contracts
  for certain individuals providing services to individuals with an
  intellectual or developmental disability, including requiring
  certain facilities and Medicaid providers to conduct criminal
  history record information and employee misconduct registry
  reviews and to suspend the employment or contracts of individuals
  who engage in reportable conduct; providing administrative
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.11061 to read as follows:
         Sec. 411.11061.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: CERTAIN MEDICAID PROVIDERS. (a) In this section,
  "residential caregiver" has the meaning assigned by Section
  531.02485.
         (b)  A Medicaid provider that provides community-based
  residential care services to Medicaid recipients through a group
  home or other residential facility licensed by or operated under
  the authority of the Health and Human Services Commission is
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to an
  individual who is an applicant for employment or seeking a contract
  position with the provider as a residential caregiver or who is
  employed or contracted by the provider as a residential caregiver.
         SECTION 2.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.02485 and 531.02486 to read as
  follows:
         Sec. 531.02485.  REQUIRED REVIEW OF CRIMINAL HISTORY RECORD
  INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS. (a) In this
  section, "residential caregiver" means an individual who provides,
  through a group home or other residential facility licensed by or
  operated under the authority of the commission, community-based
  residential care services:
               (1)  to not more than four individuals with an
  intellectual or developmental disability at any time; and
               (2)  at a residence other than the home of the
  individual providing the services.
         (b)  A Medicaid provider, including a provider providing
  services under a 1915(c) waiver program, that employs or contracts
  with a residential caregiver to provide community-based
  residential care services to Medicaid recipients shall review state
  and federal criminal history record information and obtain
  electronic updates from the Department of Public Safety of arrests
  and convictions for each residential caregiver the provider employs
  or contracts with to provide community-based residential care
  services to Medicaid recipients.
         (c)  An individual who has been convicted of an offense
  described by Section 250.006, Health and Safety Code, may not be
  employed or contracted as a residential caregiver or otherwise
  provide direct care to a Medicaid recipient with an intellectual or
  developmental disability to the same extent and, if applicable, for
  the same period of time prescribed by Section 250.006(a) or (b),
  Health and Safety Code, as an individual similarly convicted under
  those subsections. An individual who violates this subsection is
  subject to disciplinary action by the commission.
         (d)  A Medicaid provider shall immediately discharge any
  individual the provider employs or contracts with as a residential
  caregiver who is convicted of an offense described by Section
  250.006, Health and Safety Code.
         (e)  Notwithstanding any other law, the commission shall
  take disciplinary action against a Medicaid provider that violates
  this section, including imposing an administrative penalty or
  vendor hold, terminating a contract or license, or any other
  disciplinary action the commission determines appropriate. In
  determining the appropriate disciplinary action to take against a
  Medicaid provider under this subsection, the commission shall
  consider:
               (1)  the nature and seriousness of the violation;
               (2)  the history of previous violations; and
               (3)  any other matter justice may require.
         (f)  The executive commissioner shall adopt rules necessary
  to implement this section.
         Sec. 531.02486.  SUSPENDING EMPLOYMENT OF CERTAIN
  RESIDENTIAL CAREGIVERS. (a) In this section:
               (1)  "Consumer-directed service option" has the
  meaning assigned by Section 531.051.
               (2)  "Reportable conduct" includes:
                     (A)  abuse or neglect that causes or may cause
  death or harm to an individual using the consumer-directed service
  option or a resident;
                     (B)  sexual abuse of an individual using the
  consumer-directed service option or a resident;
                     (C)  financial exploitation of an individual
  using the consumer-directed service option or a resident in an
  amount of $25 or more; and
                     (D)  emotional, verbal, or psychological abuse
  that causes harm to an individual using the consumer-directed
  service option or a resident.
               (3)  "Resident" means an individual residing in a group
  home or other residential facility who is receiving services from a
  residential caregiver.
               (4)  "Residential caregiver" has the meaning assigned
  by Section 531.02485.
         (b)  A Medicaid provider, including a provider providing
  services under a Section 1915(c) waiver program, who employs or
  contracts with a residential caregiver to provide community-based
  residential care services through a group home or other residential
  facility described by Subsection (a)(4), on receiving notice of the
  reportable conduct finding, shall immediately suspend the
  employment or contract of an individual the provider employs or
  contracts with as a residential caregiver who the commission finds
  has engaged in reportable conduct while the individual exhausts any
  applicable appeals process, including informal and formal appeals,
  pending a final decision by an administrative law judge. The
  provider may not reinstate the individual's employment or contract
  during the course of any appeals process.
         (c)  Notwithstanding any other law, the commission shall
  take disciplinary action against a Medicaid provider that violates
  Subsection (b), including imposing an administrative penalty or
  vendor hold, terminating a contract or license, or any other
  disciplinary action the commission determines appropriate. In
  determining the appropriate disciplinary action to take against a
  Medicaid provider under this subsection, the commission shall
  consider:
               (1)  the nature and seriousness of the violation;
               (2)  the history of previous violations; and
               (3)  any other matter justice may require.
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 3.  The heading to Chapter 253, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 253. EMPLOYEE MISCONDUCT; REGISTRY
         SECTION 4.  Section 253.001(4), Health and Safety Code, is
  amended to read as follows:
               (4)  "Facility" means:
                     (A)  a facility:
                           (i)  licensed by the department; [or]
                           (ii)  licensed under Chapter 252; or
                           (iii)  licensed under Chapter 555;
                     (B)  an adult foster care provider that contracts
  with the department;
                     (C)  a home and community support services agency
  licensed by the department under Chapter 142; or
                     (D)  a prescribed pediatric extended care center
  licensed under Chapter 248A.
         SECTION 5.  Chapter 253, Health and Safety Code, is amended
  by adding Section 253.0025 to read as follows:
         Sec. 253.0025.  EMPLOYMENT SUSPENSION FOR FACILITY
  EMPLOYEES ACCUSED OF COMMITTING REPORTABLE CONDUCT. A facility
  shall suspend the employment of a facility employee who the Health
  and Human Services Commission finds has engaged in reportable
  conduct while the employee exhausts any applicable appeals process,
  including informal and formal appeals and any hearing or judicial
  review conducted in accordance with Section 253.004 or 253.005,
  pending a final decision by an administrative law judge.  The
  facility may not reinstate the employee's position during the
  course of any applicable appeals process.
         SECTION 6.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 7.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1009 was passed by the House on May 5,
  2023, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1009 on May 25, 2023, by the following vote:  Yeas 140, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1009 was passed by the Senate, with
  amendments, on May 21, 2023, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor