Bill Text: TX HB3490 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the discharge of certain patients from a hospital; providing civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-18 - Referred to Public Health [HB3490 Detail]
Download: Texas-2011-HB3490-Introduced.html
By: Menendez | H.B. No. 3490 |
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relating to the discharge of certain patients from a hospital; | ||
providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 311, Health and Safety | ||
Code, is amended by adding Sections 311.025 and 311.026 to read as | ||
follows: | ||
Sec. 311.025. DISCHARGE OF HOMELESS PATIENT. (a) In this | ||
section: | ||
(1) "Department" means the Department of State Health | ||
Services. | ||
(2) "Hospital" means a hospital licensed under Chapter | ||
241. | ||
(b) The department by rule shall develop a discharge | ||
protocol to ensure that a homeless individual recovering from an | ||
acute illness or injury is provided with continuing medical care | ||
and other services, as necessary, after discharge from a hospital | ||
that treated the individual for the illness or injury. | ||
(c) A hospital shall use the discharge protocol developed | ||
under Subsection (b) for each homeless individual treated at the | ||
hospital for an acute illness or injury who requires continuing | ||
services after discharge from the hospital. | ||
(d) The department shall partner with local governments, | ||
social services agencies, and organizations that provide services | ||
to homeless and indigent individuals to develop the discharge | ||
protocol under Subsection (b). The discharge protocol must address | ||
the following: | ||
(1) shelter and meals; | ||
(2) recuperative care; | ||
(3) transitional housing; | ||
(4) case management services; and | ||
(5) other services the department considers necessary | ||
to provide for the safety and well-being of homeless individuals | ||
recovering from acute illness or injury. | ||
Sec. 311.026. WRONGFUL DISCHARGE OF HOMELESS INDIVIDUAL; | ||
CIVIL PENALTIES. (a) A hospital or a person who is a hospital | ||
employee, officer, or medical staff member may not discharge a | ||
homeless individual who was treated at the hospital for acute | ||
illness or injury unless the hospital uses the discharge protocol | ||
developed under Section 311.025(b). | ||
(b) A hospital or a person who is a hospital employee, | ||
officer, or medical staff member commits an offense if the hospital | ||
or person knowingly violates this section. An offense under this | ||
subsection is punishable by: | ||
(1) a fine of not less than $5,000 but not more than | ||
$10,000 for a hospital; | ||
(2) a fine of not less than twice the amount of the | ||
fine assessed under Subdivision (1) but not more than $50,000 for a | ||
hospital and a suspension of the hospital's license for 3 months for | ||
a second offense; | ||
(3) a fine of not less than $100,000 for a hospital and | ||
suspension of the hospital's license for 6 months for a third | ||
offense; | ||
(4) the revocation of the hospital's license for a | ||
fourth offense; | ||
(5) a fine of not less than $2,000 for a person for a | ||
first offense; | ||
(6) a fine of not less than twice the amount of the | ||
fine assessed under Subdivision (4) for a person and a 3-month | ||
suspension of the person's license, if applicable, for a second | ||
offense; | ||
(7) a fine of not less than $50,000 and a suspension of | ||
the person's license for 6 months, if applicable, for a third | ||
offense; and | ||
(8) revocation of the person's license, if applicable, | ||
for a fourth offense. | ||
SECTION 2. Not later than December 1, 2011, the Department | ||
of State Health Services shall adopt rules as required by Section | ||
311.025, Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |