The Failure to Provide Notice and Report of Death of Resident of Institution crime in the state of Texas makes it illegal for a supervisor or general manager of a health care facility to fail to report the death of someone who is a resident of their institution. Learn more detailed information about the Failure to Provide Notice and Report of Death of Resident of Institution offense below.

Failure to Provide Notice and Report of Death of Resident of Institution is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Failure to Provide Notice and Report of Death of Resident of Institution?

The current Texas law defines the offense of Failure to Provide Notice and Report of Death of Resident of Institution in Penal Code Section §38.19 as follows:^[1]

(a) A superintendent or general manager of an institution commits an offense if, as required by Article 49.24 or 49.25, Code of Criminal Procedure, the person fails to:

(1) provide notice of the death of an individual under the care, custody, or control of or residing in the institution;

(2) submit a report on the death of the individual; or

(3) include in the report material facts known or discovered by the person at the time the report was filed.

Article 49.24 refers to institutions defined in Chapter 49 of the Code of Criminal Procedure, where institutions are defined as “any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended-care facility, out-patient facility, foster-care facility, and retirement home.”^[2]

How can I be charged with Failure to Provide Notice and Report of Death of Resident of Institution?

You can be charged with Failure to Provide Notice and Report of Death of Resident of Institution if the state’s attorneys believe that each of the elements of 38.19(a) as described in the section above have been met.

What is the punishment for Failure to Provide Notice and Report of Death of Resident of Institution?

A conviction for Failure to Provide Notice and Report of Death of Resident of Institution is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §38.19^2. Texas Code of Criminal Procedure Article 49.01(4)^3. Texas Penal Code §38.19(b)