HB5396 - Relating to the oversight of rehabilitation hospitals by the office of the state long-term care ombudsman.

  89R27986 MPF-D     By: Rose, Thompson, Y. Davis of Dallas, H.B. No. 5396       Bowers, A. Davis of Dallas     Substitute the following for H.B. No. 5396:     By:  Hull C.S.H.B. No. 5396       A BILL TO BE ENTITLED   AN ACT   relating to the oversight of rehabilitation hospitals by the office   of the state long-term care ombudsman.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Congresswoman   Eddie Bernice Johnson Rehabilitation Hospital Care Ombudsman Act of   2025.          SECTION 2.  Section 101A.251, Human Resources Code, is   amended by amending Subdivision (1-a) and adding Subdivisions (1-b)   and (3-b) to read as follows:                (1-a)   "Imminent peril" means the condition of being in   immediate danger of bodily injury, physical or mental impairment,   or death.                 (1-b)   "Local ombudsman entity" means a distinct unit   or entity, consisting of representatives, designated by the state   long-term care ombudsman to carry out the ombudsman program in a   service area of the state.                 (3-b)     "Rehabilitation hospital" means a hospital as   defined by Section 241.003, Health and Safety Code, that   specializes in providing comprehensive medical rehabilitation   services, including surgery and related ancillary services.          SECTION 3.  Section 101A.254, Human Resources Code, is   amended by adding Subsection (a-1) and amending Subsection (b) to   read as follows:           (a-1)     The office may receive, investigate, and resolve   complaints regarding the health or safety of rehabilitation   hospital patients who may be in imminent peril as a result of care   provided or withheld by rehabilitation hospital staff.          (b)  The office may use appropriate administrative, legal,   and other remedies to assist residents and rehabilitation hospital   patients as provided by commission rules.          SECTION 4.  Sections 101A.257(a) and (d), Human Resources   Code, are amended to read as follows:          (a)  The office shall have access to residents and   rehabilitation hospital patients and shall, in accordance with   commission rules, investigate and resolve complaints made by or on   behalf of residents and rehabilitation hospital patients .          (d)  A long-term care facility or rehabilitation hospital   shall cooperate with an investigation conducted by the state   long-term care ombudsman or a representative, including an   ombudsman designated under Section 101A.255.          SECTION 5.  Sections 101A.258(a), (a-1), and (b), Human   Resources Code, are amended to read as follows:          (a)  The state long-term care ombudsman and representatives   shall have access to patient care records of residents and   rehabilitation hospital patients as provided by commission   rules.  Except as provided by Subsection (b), all records and   information created or obtained by the state long-term care   ombudsman or a representative remain confidential.          (a-1)  The state long-term care ombudsman and   representatives shall have access to patient care records of a   resident or rehabilitation hospital patient if:                (1)  the resident , [ or ] the resident's legal   representative , the patient, or the patient's legal representative   consents to the access;                (2)  the resident or patient is unable to consent to the   access and the resident or patient has no legal representative; or                (3)  access to the records is necessary to investigate   a complaint and:                      (A)  a legal representative of the resident or   patient refuses to consent to the access;                      (B)  the state long-term care ombudsman or   representative has reasonable cause to believe that the legal   representative of the resident or patient is not acting in the best   interests of the resident or patient ; and                      (C)  the state long-term care ombudsman approves   the access.          (b)  The office shall ensure that the identity of a   complainant or any resident or rehabilitation hospital patient may   be disclosed only with the consent of the person or the person's   legal representative or on court order.          SECTION 6.  Section 101A.259, Human Resources Code, is   amended to read as follows:          Sec. 101A.259.   SYSTEM FOR AND METHOD OF REPORTING [ SYSTEM ].     (a)   The office shall maintain a statewide ombudsman uniform   reporting system to collect and analyze information relating to   complaints and conditions in long-term care facilities as long as   such system does not duplicate other state reporting systems.  The   office shall provide the information to the commission in   accordance with federal law.           (b)     A person may file by telephone or electronic mail a   complaint with the office regarding the health or safety of a   rehabilitation hospital patient who may be in imminent peril as a   result of care provided or withheld by a rehabilitation hospital's   staff.          SECTION 7.  Subchapter F, Chapter 101A, Human Resources   Code, is amended by adding Section 101A.2615 to read as follows:           Sec.   101A.2615.     REQUIRED NOTICE AT REHABILITATION   HOSPITALS.   (a)   A rehabilitation hospital shall post in a prominent   and conspicuous location at the hospital and in each patient room at   the hospital a sign containing information on the procedure for   contacting and filing a complaint with the office. The sign must:                 (1)     be printed in at least 14-point, sans serif   typeface on paper at least 8-1/2 by 11 inches in size;                 (2)     contain the contact information for filing a   complaint against a rehabilitation hospital, including the   telephone number and electronic mail address for the appropriate   person to receive the complaint; and                 (3)  contain the following statement:           "If you believe you are in immediate danger of bodily injury,   physical or mental impairment, or death as a result of care you are   receiving or not receiving at this facility, contact the Office of   the Long-Term Care Ombudsman."           (b)     The executive commissioner by rule shall prescribe the   form and content of the sign required by Subsection (a) and post on   the commission's Internet website a model sign that complies with   this section and commission rules.          SECTION 8.  Section 101A.261, Human Resources Code, is   amended to read as follows:          Sec. 101A.261.  PUBLIC INFORMATION. The office shall   provide information and make recommendations to public agencies,   legislators, and other persons about the problems and concerns of   residents and rehabilitation hospital patients .          SECTION 9.  Section 101A.262(a), Human Resources Code, is   amended to read as follows:          (a)  The office shall prepare a report that contains:                (1)  information and findings relating to the problems   and concerns of residents and rehabilitation hospital patients ; and                (2)  policy, regulatory, and legislative   recommendations to solve the problems, resolve the concerns, and   improve the quality of the residents' and patients' care and lives.          SECTION 10.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall publish on the commission's Internet   website the model sign required by Section 101A.2615, Human   Resources Code, as added by this Act.          SECTION 11.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement   Subchapter F, Chapter 101A, Human Resources Code, as amended by   this Act.          SECTION 12.  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, 2025.