SB128 - Relating to hospital reporting requirements regarding suspected child abuse, exploitation, or neglect; authorizing an administrative penalty.

      By: Hall, Birdwell S.B. No. 128       King     A BILL TO BE ENTITLED   AN ACT   relating to hospital reporting requirements regarding suspected   child abuse, exploitation, or neglect; authorizing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 241, Health and Safety Code, is amended   by adding Subchapter N to read as follows:   SUBCHAPTER N. CHILD ABUSE, EXPLOITATION, OR NEGLECT REPORTING   REQUIREMENTS           Sec.   241.451.     SUSPECTED CHILD ABUSE, EXPLOITATION, OR   NEGLECT REPORTS. (a) In this section, "abuse," "exploitation,"   and "neglect" have the meanings assigned by Section 261.001, Family   Code.           (b)     Not later than the fifth day of each month, a hospital   shall submit a report to the commission containing the following   information:                 (1)     the number of reports made during the preceding   month by the hospital or an agent or employee of the hospital to the   Department of Family and Protective Services under Chapter 261,   Family Code, regarding alleged or suspected abuse, exploitation, or   neglect of a child;                 (2)     whether the hospital informed the parent, legal   guardian, managing conservator, or possessory conservator of a   child who is the subject of a report described by Subdivision (1)   that the parent, legal guardian, managing conservator, or   possessory conservator may obtain an alternative opinion regarding   the appropriate course of medical treatment for the child; and                 (3)     any code indicating alleged or suspected abuse,   exploitation, or neglect that the hospital used for purposes of   diagnosing or treating a child who is the subject of a report   described by Subdivision (1), including, as applicable, the Current   Procedural Terminology (CPT) code, the Diagnosis Related Group   (DRG) code, the International Classification of Diseases (ICD)   code, or another common identifier.           (c)     A hospital shall attach to each report submitted under   Subsection (b) a signed affidavit from each physician who during   the period covered by the report assigned or caused to be assigned a   code described by Subsection (b)(3) for purposes of diagnosing or   treating a child who is a subject of the report.   The affidavit must   include the name of the physician who assigned the code or caused   the code to be assigned and a statement establishing whether the   physician assigned the code based on the physician's direct   observation of the child or based on information provided to the   physician by an agent or employee of the hospital.   The information   contained in an affidavit required under this subsection is   confidential and not subject to disclosure under Chapter 552,   Government Code.           (d)     If the information required to be included in the report   under Subsection (b)(3) is not available at the time a report is   submitted, the hospital shall include that information in the next   report required to be submitted by the hospital after the date the   information required by that subdivision becomes available and   attach to that next report any affidavit described by Subsection   (c) related to that information.           (e)     A hospital shall submit the report required under   Subsection (b) in the form and manner prescribed by commission   rule.           Sec.   241.452.     ADMINISTRATIVE PENALTY. (a) The commission   shall impose an administrative penalty on a hospital that violates   Section 241.451.           (b)     Before imposing an administrative penalty on a hospital   under Subsection (a), the commission must provide written notice to   the hospital that:                 (1)     the hospital is in violation of Section 241.451   because the hospital has failed to timely submit a report required   under that section;                 (2)     the hospital has 15 days to submit the required   report; and                 (3)     if the hospital does not submit the required   report within 15 days of receiving notice of the violation, the   hospital will be subject to an administrative penalty for each day   the violation continues.           (c)     The commission shall set an administrative penalty   imposed under this section in an amount sufficient to ensure   compliance by hospitals with Section 241.451, subject to the   limitations prescribed by Subsection (d).           (d)     For a hospital with one of the following total gross   revenues as reported to the Centers for Medicare and Medicaid   Services or to another entity designated by commission rule in the   year preceding the year in which an administrative penalty is   imposed under this section, the penalty imposed by the commission   may not exceed:                 (1)     $10 for each day the hospital violates Section   241.451, beginning on the 16th day after the date the hospital   received notice from the commission, if the hospital's total gross   revenue is less than $10 million;                 (2)     $100 for each day the hospital violates Section   241.451, beginning on the 16th day after the date the hospital   received notice from the commission, if the hospital's total gross   revenue is $10 million or more and less than $100 million; and                 (3)     $1,000 for each day the hospital violates Section   241.451, beginning on the 16th day after the date the hospital   received notice from the commission, if the hospital's total gross   revenue is $100 million or more.           (e)     Each day a violation continues is considered a separate   violation.           (f)     Notwithstanding any other provision of this section, an   administrative penalty ceases to be incurred on the date a   violation is corrected.           (g)     In determining the amount of an administrative penalty   to impose on a hospital under this section, the commission shall   consider:                 (1)  previous violations by the hospital;                 (2)  the seriousness of the violation;                 (3)  the demonstrated good faith of the hospital; and                 (4)  any other matters as justice may require.           (h)     An administrative penalty collected under this section   shall be deposited to the credit of an account in the general   revenue fund administered by the commission. Money in the account   may be appropriated only to the commission.           Sec.   241.453.     SUMMARY REPORT. The commission shall submit   a written quarterly report to the legislature summarizing the   content of the reports submitted to the commission under Section   241.451(b) during the preceding quarter.           Sec.   241.454.     RULES. The executive commissioner shall   adopt rules necessary to implement this subchapter.          SECTION 2.  This Act takes effect September 1, 2025.