HBA-NLM C.S.H.B. 1715 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1715
By: Denny
Human Services
4/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, any person who has cause to believe that a resident of a nursing
home has been or may be affected by abuse or neglect is required to report
the abuse or neglect.  The contents of the report must include the name and
address of the resident, the name and address of the person responsible for
the care of the resident, if available, and any other relevant information.
However, information relating to the person making the report is not
required by law.  C.S.H.B. 1715 provides that a report of abuse or neglect
should also include the address or phone number of the person making the
report so that an investigator can contact the person for any necessary
additional information.  This bill provides that the phone number and
address as well as the name of the person making the report must be deleted
from any copy of any type of report that is released to the public, to the
institution, or to an owner or agent of the institution, for
confidentiality reasons. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.123, Health and Safety Code, by adding
Subsection (c), as follows: 

(c)  Provides that a report of abuse or neglect under Section 242.122
(Reporting of Abuse and Neglect) or of other conduct or conditions under
Section 242.1225 (Additional Reporting Requirement), except for an
anonymous report under Section 242.124 (Anonymous Reports of Abuse or
Neglect),  should also include the address or phone number of the person
making the report so that an investigator can contact the person for any
necessary additional information.  Provides that the phone number and
address as well as the name of the person making the report must be deleted
from any copy of any type of report that is released to the public, to the
institution, or to an owner or agent of the institution. 

SECTION 2.  Amends Section 242.127, Health and Safety Code, to include the
address and phone number among the items that are confidential in an
investigation under this subchapter. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1715 modifies the original in SECTION 1 ( proposed Section
242.123(c), Health and Safety Code) by providing that a report of abuse or
neglect under Section 242.122  (Reporting of Abuse and Neglect) or of other
conduct or conditions under Section 242.1225 (Additional Reporting
Requirement), except for an anonymous report under Section 242.124
(Anonymous Reports of Abuse or Neglect),  should, rather than must,  also
include the address or phone number of the person making the report so that
an investigator can contact the person for any necessary additional
information.