88R3105 JG-F     By: Schwertner, Perry S.B. No. 652       A BILL TO BE ENTITLED   AN ACT   relating to the office of the state long-term care ombudsman.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 101A.251, Human Resources Code, is   amended by adding Subdivision (3-b) to read as follows:                (3-b)  "Patient care record" means a record related to   a specific patient's direct care.          SECTION 2.  Section 101A.257, Human Resources Code, is   amended by adding Subsection (a-1) and amending Subsection (b) to   read as follows:          (a-1)  An investigation conducted under this section is for   the sole purpose of gathering information necessary to resolve a   resident's complaint or grievance to the resident's satisfaction.   In an investigation conducted under this section, the state   long-term care ombudsman or a representative, including an   ombudsman designated under Section 101A.255, is not required to   collect evidence to satisfy a burden of proof required in an   investigation conducted by a licensing or regulatory agency or a   law enforcement agency, and the results of the investigation do not   need to include any determinations on whether a law or rule has been   violated for purposes of civil or criminal enforcement.          (b)  The state long-term care ombudsman shall ensure that   each ombudsman designated under Section 101A.255 who investigates   complaints has received proper training and has been approved by   the office as qualified to investigate complaints. The training   must include instruction regarding state laws and regulations   applicable to the institutional setting in which the ombudsman will   conduct the investigation.          SECTION 3.  Section 101A.258, Human Resources Code, is   amended by amending Subsections (a) and (a-1) and adding Subsection   (a-2) to read as follows:          (a)  The state long-term care ombudsman and representatives   shall, as provided by commission rules, have access to a resident's   patient care records and to a long-term care facility's   administrative records, policies, and other documents that   residents and the general public have access to in the normal course   of business [of residents as provided by commission rules]. For   purposes of this subsection, documents obtained through litigation   are not considered to have been obtained in the normal course of   business.  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 a resident's patient care   records [of a resident] if:                (1)  the state long-term care ombudsman or   representative has obtained the resident's [resident] or the   resident's legal representative's informed consent [representative   consents] to [the] access the records;                (2)  the resident is unable to consent to the access and   the resident has no legal representative; or                (3)  access to the records is necessary to investigate   a complaint and:                      (A)  a legal representative of the resident   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 is not acting in the best interests   of the resident; and                      (C)  the state long-term care ombudsman approves   the access.          (a-2)  The office shall provide documentation to a long-term   care facility that is the subject of an investigation conducted   under Section 101A.257 evidencing that the state long-term care   ombudsman or a representative is entitled to access a resident's   patient care records by having satisfied the requirements of   Subsection (a-1)(1), (a-1)(2), or (a-1)(3), as applicable.          SECTION 4.  Section 101A.261, Human Resources Code, is   amended to read as follows:          Sec. 101A.261.  PUBLIC INFORMATION. (a) The office shall   provide information and make recommendations to public agencies,   legislators, and other persons about the problems and concerns of   residents.          (b)  The office shall include on each of the office's   publications a disclosure statement explaining that:                (1)  the office acts independently of the commission;                (2)  the office does not regulate long-term care   facilities; and                (3)  information the office publishes is for   educational purposes only.          SECTION 5.  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]                (2)  policy, regulatory, and legislative   recommendations to solve the problems, resolve the concerns, and   improve the quality of the residents' care and lives;                (3)  a list of persons representing the office who   submitted a sworn statement to a committee of the legislature   indicating the office was present in favor of, in opposition to, or   without taking a position on legislation and a description of the   legislation, including the bill number, the position taken, and a   summary of the testimony given; and                (4)  if the office submitted a public comment on a   proposed rule published in the Texas Register, a citation to the   volume and page numbers in the Texas Register that included the   proposed rule and a summary of the submitted comment.          SECTION 6.  This Act takes effect September 1, 2023.