Texas Laws - Human Resource Code
HUMAN RESOURCES CODE
TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL

Amended by: (6591)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6592)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6593)

Sec. 48.254. FORWARDING OF CERTAIN REPORTS. (6594)(1-click HTML)

(a) The executive commissioner by rule shall establish procedures for the department to use to 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. (6595)

(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. (6596)

(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. (6597)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6598)

Amended by: (6599)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 31, eff. June 11, 2009. (6600)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.282, eff. April 2, 2015. (6601)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6602)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6603)

Sec. 48.255. RULES FOR INVESTIGATIONS UNDER THIS SUBCHAPTER. (6604)(1-click HTML)

(a) The executive commissioner shall adopt rules to: (6605)

(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; (6606)

(2) establish procedures for resolving disagreements between the department and health and human services agencies concerning the department's investigation findings; and (6607)

(3) provide for an appeals process by the department for the alleged victim of abuse, neglect, or exploitation. (6608)

(b) A confirmed investigation finding by the department may not be changed by the administrator of a facility, a community center, a local mental health authority, or a local intellectual and developmental disability authority. (6609)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6610)

Amended by: (6611)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 32, eff. June 11, 2009. (6612)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.283, eff. April 2, 2015. (6613)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6614)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6615)

Sec. 48.256. SHARING PROVIDER INFORMATION. (6616)(1-click HTML)

(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. (6617)

(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. (6618)

(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: (6619)

(1) the name, address, and telephone number of the provider; (6620)

(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 (6621)

(3) the name of the legal entity that contracted with the applicable health and human services agency to provide those services. (6622)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999. (6623)

Amended by: (6624)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 33, eff. June 11, 2009. (6625)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.284, eff. April 2, 2015. (6626)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6627)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6628)

Sec. 48.257. RETALIATION PROHIBITED. (6629)(1-click HTML)

(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. (6630)

(b) This section does not prohibit a provider of home and community-based services from terminating an employee for a reason other than retaliation. (6631)

Amended by: (6632)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6633)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6634)

Sec. 48.258. TRACKING SYSTEM FOR REPORTS AND INVESTIGATIONS. (6635)(1-click HTML)

(a) The health and human services agencies shall, at the direction of the executive commissioner, jointly develop and implement a system to track reports and investigations under this subchapter. (6636)

(b) To facilitate implementation of the system, the health and human services agencies shall use appropriate methods of measuring the number and outcome of reports and investigations under this subchapter. (6637)

Amended by: (6638)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. (6639)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. (6640)

SUBCHAPTER G. INVESTIGATIONS IN CERTAIN FACILITIES (6641)(1-click HTML)
Sec. 48.301. INVESTIGATION OF REPORTS IN OTHER STATE FACILITIES. (6642)(1-click HTML)

(a) If the department receives a report of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability receiving services in a facility operated, licensed, certified, or registered by a state agency, the department shall refer the report to that agency. (6643)

(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. (6644)

(b) A state agency that receives a report under this section shall make a thorough investigation promptly after receiving a report that an elderly person or person with a disability has been or may be abused, neglected, or exploited in a facility operated, licensed, certified, or registered by the agency. The primary purpose of the investigation is the protection of the elderly person or person with a disability. (6645)

(c) Each state agency that may receive reports under this section, or the person responsible for adopting rules for that state agency, shall adopt rules relating to the investigation and resolution of reports received under this section. (6646)

(d) The state agency shall prepare and keep on file a complete written report of each investigation conducted by the state agency under this section. (6647)

(e) A state agency that receives a complaint relating to an investigation conducted under this section shall refer the complaint to its governing board, if applicable, or other person or entity designated to receive such complaints for review and appropriate action. (6648)

(f) The executive commissioner by rule shall adopt minimum standards for the investigation of suspected abuse, neglect, or exploitation of an elderly person or person with a disability under this section. (6649)

(g) A rule or policy adopted by or for a state agency under Subsection (c) must be consistent with the minimum standards adopted by the executive commissioner. (6650)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 355, Sec. 7, eff. Sept. 1, 2001. (6651)

Amended by: (6652)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 34, eff. June 11, 2009. (6653)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.285, eff. April 2, 2015. (6654)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 9, eff. September 1, 2015. (6655)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 17, eff. September 1, 2015. (6656)

Sec. 48.302. APPROVAL OF RULES. (6657)(1-click HTML)

The executive commissioner shall review and approve the rules required by Section 48.301(c) to ensure that all agencies implement appropriate standards for the conduct of investigations and that uniformity exists among agencies in the investigation and resolution of reports. (6658)

Added by Acts 1999, 76th Leg., ch. 907, Sec. 34, eff. Sept. 1, 1999. (6659)

Amended by: (6660)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.286, eff. April 2, 2015. (6661)

Sec. 48.303. MEMORANDUM OF UNDERSTANDING. (6662)(1-click HTML)

(a) The department shall enter into a memorandum of understanding with each state agency that operates, licenses, certifies, or registers a facility in which elderly persons or persons with disabilities are located that clarifies each agency's responsibility under this chapter. (6663)

(b) Not later than the last month of each state fiscal year, the department and the other agencies shall review and update the memorandum. (6664)

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 5.01(a), eff. Sept. 1, 1987. Renumbered from Sec. 48.022 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 35, eff. Sept. 1, 1999. (6665)

Amended by: (6666)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.287, eff. April 2, 2015. (6667)

Sec. 48.304. STATISTICS. (6668)(1-click HTML)

(a) A state agency that operates, licenses, certifies, or registers a facility in which elderly persons or persons with disabilities are located shall compile and maintain statistics on the incidence of abuse, neglect, or exploitation of elderly persons or persons with disabilities that occurs in the facilities. A state agency is not required to compile and maintain statistics on the incidence of abuse, neglect, or exploitation of an individual with a disability described under Section 48.252. (6669)

(b) The agency shall make the statistics available to the commission on request. (6670)

Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983; Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 907, Sec. 36, eff. Sept. 1, 1999. (6671)

Amended by: (6672)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.288, eff. April 2, 2015. (6673)

SUBCHAPTER I. EMPLOYEE MISCONDUCT REGISTRY (6674)(1-click HTML)
Sec. 48.401. DEFINITIONS. (6675)(1-click HTML)

In this subchapter: (6676)

(1) "Agency" means: (6677)

(A) an entity licensed under Chapter 142, Health and Safety Code; (6678)

(B) a person exempt from licensing under Section 142.003(a)(19), Health and Safety Code; (6679)

(C) a facility licensed under Chapter 252, Health and Safety Code; or (6680)

(D) a provider investigated by the department under Subchapter F or under Section 261.404, Family Code. (6681)

(2) "Commissioner" means the commissioner of the Department of Family and Protective Services. (6682)

(3) "Employee" means a person who: (6683)

(A) works for: (6684)

(i) an agency; or (6685)

(ii) an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code; (6686)

(B) provides personal care services, active treatment, or any other 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 (6687)

(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. (6688)

(4) "Employee misconduct registry" means the employee misconduct registry established under Chapter 253, Health and Safety Code. (6689)

(5) "Reportable conduct" includes: (6690)

(A) abuse or neglect that causes or may cause death or harm to an individual receiving agency services; (6691)

(B) sexual abuse of an individual receiving agency services; (6692)

(C) financial exploitation of an individual receiving agency services in an amount of $25 or more; and (6693)

(D) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services. (6694)

Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 13.001, eff. September 1, 2011. (6695)

Amended by: (6696)

Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 10, eff. January 1, 2014. (6697)

Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 10, eff. September 1, 2015. (6698)

Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 18, eff. September 1, 2015. (6699)

Sec. 48.402. RULES RELATING TO REPORTABLE CONDUCT. (6700)(1-click HTML)

The executive commissioner may adopt rules to further define reportable conduct. (6701)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6702)

Amended by: (6703)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.289, eff. April 2, 2015. (6704)

Sec. 48.403. FINDING. (6705)(1-click HTML)

After an investigation and following the procedures of this subchapter, if the department confirms or validates the occurrence of reportable conduct by an employee, the department shall immediately forward the finding to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007, Health and Safety Code. (6706)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6707)

Amended by: (6708)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 16, eff. June 19, 2009. (6709)

Sec. 48.404. NOTICE OF FINDING. (6710)(1-click HTML)

(a) The department shall give written notice of the department's findings under Section 48.403 to the employee. The notice must include: (6711)

(1) a brief summary of the department's findings; (6712)

(2) a statement of the employee's right to a hearing on the department's findings; and (6713)

(3) a statement notifying the employee that if the employee fails to timely respond to the notice, the finding that the employee committed the reportable conduct will be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code. (6714)

(b) Not later than the 30th day after the date the notice is received, the employee notified may accept the finding of the department made under Section 48.403 or may make a written request for a hearing on that finding. (6715)

(c) If the employee notified of the violation accepts the finding of the department or fails to timely respond to the notice, the commissioner or the commissioner's designee shall issue an order approving the finding and ordering that the department's findings be forwarded to the Department of Aging and Disability Services to be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code. (6716)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6717)

Amended by: (6718)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 17, eff. June 19, 2009. (6719)

Sec. 48.405. HEARING; ORDER. (6720)(1-click HTML)

(a) If the employee requests a hearing, the department or its designee shall: (6721)

(1) set a hearing; (6722)

(2) give written notice of the hearing to the employee; and (6723)

(3) designate an administrative law judge to conduct the hearing. (6724)

(b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue an order regarding the occurrence of the reportable conduct. (6725)

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1056, Sec. 17, eff. September 1, 2011. (6726)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6727)

Amended by: (6728)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 18, eff. June 19, 2009. (6729)

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 16, eff. September 1, 2011. (6730)

Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 17, eff. September 1, 2011. (6731)

Sec. 48.406. NOTICE; JUDICIAL REVIEW. (6732)(1-click HTML)

(a) The department shall give notice of the order under Section 48.405 to the employee alleged to have committed the reportable conduct. The notice must include: (6733)

(1) separate statements of the findings of fact and conclusions of law; (6734)

(2) a statement of the right of the employee to judicial review of the order; and (6735)

(3) a statement that the reportable conduct will be recorded in the employee misconduct registry under Section 253.007, Health and Safety Code, if: (6736)

(A) the employee does not request judicial review of the finding; or (6737)

(B) the finding is sustained by the court. (6738)

(b) Not later than the 30th day after the date the decision becomes final as provided by Chapter 2001, Government Code, the employee may file a petition for judicial review contesting the finding of the reportable conduct. If the employee does not request judicial review of the finding, the department shall send a record of the department's findings to the Department of Aging and Disability Services to record in the employee misconduct registry under Section 253.007, Health and Safety Code. (6739)

(c) Judicial review of the order: (6740)

(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (6741)

(2) is under the substantial evidence rule. (6742)

(d) If the court sustains the finding of the occurrence of the reportable conduct, the department shall forward the finding of reportable conduct to the Department of Aging and Disability Services to record the reportable conduct in the employee misconduct registry under Section 253.007, Health and Safety Code. (6743)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6744)

Amended by: (6745)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 19, eff. June 19, 2009. (6746)

Sec. 48.407. INFORMAL PROCEEDINGS. (6747)(1-click HTML)

The executive commissioner by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code. (6748)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6749)

Amended by: (6750)

Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 20, eff. June 19, 2009. (6751)

Sec. 48.408. INFORMATION FOR THE EMPLOYEE MISCONDUCT REGISTRY. (6752)(1-click HTML)

(a) When the department forwards a finding of reportable conduct to the Department of Aging and Disability Services for recording in the employee misconduct registry, the department shall provide the employee's name, the employee's address, the employee's social security number, if available, the name of the agency, the address of the agency, the date the reportable conduct occurred, and a description of the reportable conduct. (6753)

(b) If a governmental agency of another state or the federal government finds that an employee has committed an act that constitutes reportable conduct, the department may send to the Department of Aging and Disability Services, for recording in the employee misconduct registry, the employee's name, the employee's address, the employee's social security number, if available, the name of the agency, the address of the agency, the date of the act, and a description of the act. (6754)

Added by Acts 2001, 77th Leg., ch. 1267, Sec. 1, eff. Jan. 1, 2002. (6755)

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.