West Bill Gives Rehab Hospital Ombudsman 72 Hours And Records Access

The text as introduced · 1,353 words

90R1006 MPF-D

By: West
S.B. No. 211

A BILL TO BE ENTITLED

AN ACT

relating to establishment of the rehabilitation hospital care

ombudsman division within 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

2027.

SECTION 2. Chapter 101A, Human Resources Code, is amended

by adding Subchapter G to read as follows:

SUBCHAPTER G. REHABILITATION HOSPITAL CARE OMBUDSMAN DIVISION

Sec. 101A.301. DEFINITIONS. In this subchapter:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Division" means the rehabilitation hospital care

ombudsman division established within the office.

(3) "Imminent peril" means the condition of being in

immediate danger of bodily injury, physical or mental impairment,

or death.

(4) "Office" means the office of the state long-term

care ombudsman.

(5) "Rehabilitation hospital" means a general

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.

(6) "State rehabilitation hospital care ombudsman"

means the chief administrator of the division.

Sec. 101A.302. REHABILITATION HOSPITAL CARE OMBUDSMAN

DIVISION. (a) The commission shall establish the rehabilitation

hospital care ombudsman division within the office to 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 hospital staff.

(b) The division may use appropriate administrative, legal,

and other remedies in performing the division's duties under this

subchapter.

Sec. 101A.303. DIVISION OMBUDSMEN: RECRUITMENT AND

TRAINING OF VOLUNTEERS. (a) The division may recruit volunteers or

citizen organizations to serve as ombudsmen and assist the division

in performing the division's duties under this subchapter.

(b) The division shall ensure the ombudsmen recruited to

assist the division under Subsection (a) are properly trained and

approved to investigate complaints under Section 101A.304. The

training must, at a minimum, comply with the training requirements

for an ombudsman designated under Section 101A.255.

Sec. 101A.304. COMPLAINT PROCEDURE; INVESTIGATIONS;

CONFIDENTIALITY. (a) A person may file by telephone or electronic

mail a complaint with the division 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 the hospital's staff.

(b) The division shall investigate and resolve complaints

filed in accordance with this section and has authority to access

rehabilitation hospital patients for that purpose.

(c) Not later than the 72nd hour after the division receives

a complaint, a division employee or ombudsman must contact:

(1) the patient who is the subject of the complaint

initially by telephone or video call; and

(2) the rehabilitation hospital that is the subject of

the complaint by telephone or video call or through an in-person

visit to the hospital.

(d) The division in conducting an investigation of a

complaint may communicate with a rehabilitation hospital patient by

electronic mail following the initial contact.

(e) The division shall ensure the identity of a person who

files a complaint with the division or any patient who is the

subject of the complaint is only disclosed with the consent of the

person or the person's legal representative or on court order.

Sec. 101A.305. ACCESS TO RECORDS AND CONFIDENTIALITY. (a)

The commission by rule shall ensure the division has access to

rehabilitation hospital records, including patient care and

staffing records. Except as provided by Section 101A.304(e), all

records and information the division obtains or creates based on

the records obtained are confidential.

(b) The division may only access patient care records if:

(1) the patient or the patient's legal representative

consents to the access;

(2) the patient is unable to consent to the access and

the patient has no legal representative; or

(3) access to the records is necessary to investigate

a complaint and:

(A) the patient's legal representative refuses

to consent to the access;

(B) the division has reasonable cause to believe

the patient's legal representative is not acting in the patient's

best interests; and

(C) the state rehabilitation hospital care

ombudsman approves the access.

Sec. 101A.306. REQUIRED NOTICE. (a) A rehabilitation

hospital shall post in a prominent and conspicuous location at the

hospital a sign containing information on the procedure for

contacting and filing a complaint with the division. 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 with the division, including the division's telephone

number and electronic mail address; 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

Rehabilitation Hospital Care Ombudsman Division."

(b) The commission 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.

Sec. 101A.307. ANNUAL REPORT. Not later than September 1 of

each year, the division shall prepare and submit to the governor,

the lieutenant governor, and the speaker of the house of

representatives a written report that includes:

(1) information and findings regarding the problems

and concerns of rehabilitation hospital patients; and

(2) policy, regulatory, and legislative

recommendations to assist in resolving the problems and concerns of

rehabilitation hospital patients and improving the quality of the

patients' care and lives.

Sec. 101A.308. RULES. The executive commissioner may adopt

rules to implement this subchapter.

Sec. 101A.309. TEMPORARY ADVISORY BOARD. (a) The

commission shall establish an advisory board to assist the

commission in establishing the division and implementing this

subchapter.

(b) The advisory board is composed of the following five

members:

(1) the state long-term care ombudsman or the

ombudsman's designee;

(2) one representative who is an administrator of a

rehabilitation hospital, appointed by the executive commissioner;

(3) one physician licensed and practicing in this

state with experience treating rehabilitation hospital patients,

appointed by the executive commissioner;

(4) one registered nurse or advanced practice

registered nurse licensed and practicing in this state with

experience treating rehabilitation hospital patients, appointed by

the executive commissioner; and

(5) one representative of a nonprofit organization

focused on the care and welfare of senior citizens or

non-ambulatory medical patients, appointed by the executive

commissioner.

(c) The advisory board is abolished on the establishment of

the division and this section expires September 1, 2028.

SECTION 3. Not later than June 1, 2028, the Health and Human

Services Commission shall establish the rehabilitation hospital

care ombudsman division within the office of the state long-term

care ombudsman as required by Section 101A.302, Human Resources

Code, as added by this Act.

SECTION 4. Notwithstanding Section 101A.307, Human

Resources Code, as added by this Act, the rehabilitation hospital

care ombudsman division is not required to submit the first report

under that section until September 1, 2029.

SECTION 5. As soon as practicable after the effective date

of this Act, the Health and Human Services Commission shall publish

on the commission's Internet website the model sign required by

Section 101A.306, Human Resources Code, as added by this Act.

SECTION 6. Not later than September 1, 2027, or as soon as

practicable after the effective date of this Act, the executive

commissioner of the Health and Human Services Commission shall

appoint the members of the advisory board as required by Section

101A.309, Human Resources Code, as added by this Act.

SECTION 7. 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 G, Chapter 101A, Human Resources Code, as added by this

Act.

SECTION 8. 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, 2027.