HB2187 - Relating to hospital staffing report and complaint processes and to retaliation and mandatory overtime protections for nurses.

      H.B. No. 2187         AN ACT   relating to hospital staffing report and complaint processes and to   retaliation and mandatory overtime protections for nurses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 257.001, Health and Safety Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)   "Commission" means the Health and Human Services   Commission.                 (1-a)   "Committee" means a nurse staffing committee   required by this chapter.          SECTION 2.  Section 257.005, Health and Safety Code, is   amended by adding Subsections (a-1) and (d) to read as follows:           (a-1)     The chief nursing officer of each hospital shall   attest to the accuracy of information reported under Subsection   (a).           (d)     The department shall provide the information reported   under Subsection (a) to the commission.          SECTION 3.  Chapter 257, Health and Safety Code, is amended   by adding Sections 257.006 and 257.007 to read as follows:           Sec.   257.006.     PROHIBITED RETALIATION. A hospital may not   retaliate against a nurse who provides information to the committee   or reports violations of this chapter to hospital management or the   commission.           Sec.   257.007.     ENFORCEMENT; COMPLAINT RESOLUTION. (a) The   commission shall enforce this chapter in accordance with:                 (1)     Subchapter C, Chapter 241, against a hospital   licensed under that chapter as if the hospital violated that   chapter;                 (2)     Chapter 577 and rules adopted under Sections   577.010 and 577.013, against a hospital licensed under Chapter 577   as if the hospital violated that chapter; and                 (3)  rules adopted under Section 241.026(a).           (b)     The commission shall establish a process to provide   prompt review and timely resolution of each complaint submitted   under this chapter. The commission must:                 (1)     develop a procedure, or designate an existing   procedure, through which a party may submit a written or verbal   complaint;                 (2)     establish a time to review and respond to the   complaint; and                 (3)     provide the complainant written notice of the   commission's decision regarding the complaint, including:                       (A)     the contact information of the commission   employee responsible for the complaint;                       (B)     commission actions in reviewing, evaluating,   or investigating the complaint;                       (C)     the results of the commission's review of the   complaint;                       (D)     for each reviewed complaint for which an   investigation is not conducted, an explanation of the reason the   commission resolved the complaint without investigation; and                       (E)  the date the complaint is resolved.           (c)     All information and materials in the possession of or   obtained or compiled by the commission in connection with a   complaint and investigation are confidential and not subject to   disclosure in accordance with:                 (1)     Section 241.051(d) for a complaint submitted   against a hospital licensed under Chapter 241; or                 (2)     Section 577.013(e) for a complaint submitted   against a hospital licensed under Chapter 577.          SECTION 4.  Section 258.001, Health and Safety Code, is   amended by amending Subdivision (1) and adding Subdivision (1-a) to   read as follows:                (1)   "Commission" means the Health and Human Services   Commission.                 (1-a)   "Hospital" means:                      (A)  a general hospital or special hospital, as   those terms are defined by Section 241.003, including a hospital   maintained or operated by this state; or                      (B)  a mental hospital licensed under Chapter 577.          SECTION 5.  Section 258.005, Health and Safety Code, is   amended to read as follows:          Sec. 258.005.  RETALIATION PROHIBITED. A hospital may not   suspend, terminate, or otherwise discipline or discriminate   against a nurse who refuses to work mandatory overtime or reports   violations of this chapter to hospital management or the   commission .          SECTION 6.  Chapter 258, Health and Safety Code, is amended   by adding Section 258.006 to read as follows:           Sec.   258.006.     ENFORCEMENT; COMPLAINT RESOLUTION. (a) The   commission shall enforce this chapter in accordance with:                 (1)     Subchapter C, Chapter 241, against a hospital   licensed under that chapter as if the hospital violated that   chapter;                 (2)     Chapter 577 and rules adopted under Sections   577.010 and 577.013, against a hospital licensed under Chapter 577   as if the hospital violated that chapter; and                 (3)  rules adopted under Section 241.026(a).           (b)     The commission shall establish a process to provide   prompt review and timely resolution of each complaint submitted   under this chapter. The commission must:                 (1)     develop a procedure, or designate an existing   procedure, through which a party may submit a written or verbal   complaint;                 (2)     establish a time to review and respond to the   complaint; and                 (3)     provide the complainant written notice of the   commission's decision regarding the complaint, including:                       (A)     the contact information of the commission   employee responsible for the complaint;                       (B)     commission actions in reviewing, evaluating,   or investigating the complaint;                       (C)     the results of the commission's review of the   complaint;                       (D)     for each reviewed complaint for which an   investigation is not conducted, an explanation of the reason the   commission resolved the complaint without investigation; and                       (E)  the date the complaint is resolved.           (c)     All information and materials in the possession of or   obtained or compiled by the commission in connection with a   complaint and investigation are confidential and not subject to   disclosure in accordance with:                 (1)     Section 241.051(d) for a complaint submitted   against a hospital licensed under Chapter 241; or                 (2)     Section 577.013(e) for a complaint submitted   against a hospital licensed under Chapter 577.          SECTION 7.  Not later than December 31, 2025, the executive   commissioner of the Health and Human Services Commission shall   adopt any rules necessary to implement the changes in law made by   this Act.          SECTION 8.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2187 was passed by the House on May 2,   2025, by the following vote:  Yeas 134, Nays 0, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2187 was passed by the Senate on May   20, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor