bill makes group-home hiring ban violations an offense

The text as introduced · 514 words

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.