HB4947 - Relating to the prohibited provision of certain residential caregiver services by individuals with certain criminal convictions; creating a criminal offense.

  89R15487 JG-D     By: Turner H.B. No. 4947       A BILL TO BE ENTITLED   AN ACT   relating to the prohibited provision of certain residential   caregiver services by individuals with certain criminal   convictions; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 531.02485, Government Code, is   transferred to Subchapter D, Chapter 532, Government Code, as   effective April 1, 2025, redesignated as Section 532.0157,   Government Code, and amended to read as follows:          Sec.  532.0157  [ 531.02485 ].  REQUIRED REVIEW OF CRIMINAL   HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS ;   CRIMINAL OFFENSE . (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. An individual who   violates this subsection commits an offense. An offense under this   subsection is a Class A misdemeanor.          (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.          SECTION 2.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 3.  This Act takes effect September 1, 2025.