Bill Text: TX HB1009 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1009 Detail]
Download: Texas-2023-HB1009-Comm_Sub.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1009 Detail]
Download: Texas-2023-HB1009-Comm_Sub.html
88R17720 EAS-D | |||
By: Turner | H.B. No. 1009 | ||
Substitute the following for H.B. No. 1009: | |||
By: Manuel | C.S.H.B. No. 1009 |
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relating to criminal history record information reviews of certain | ||
individuals providing services to individuals with an intellectual | ||
or developmental disability under Medicaid. | ||
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 Section 531.02485 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. 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. The commission shall disenroll | ||
from participation in Medicaid a Medicaid provider who violates | ||
this subsection. | ||
(e) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2023. |