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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability of a nursing facility resident's |
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responsible payor for misappropriation of the resident's funds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.020 to read as follows: |
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Sec. 242.020. CIVIL LIABILITY RELATED TO MISAPPROPRIATION |
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OF RESIDENT'S FUNDS. (a) In this section: |
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(1) "Misappropriate" means the taking, secretion, |
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misapplication, deprivation, transfer, or attempted transfer to |
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any person not entitled to receive any real or personal property or |
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anything of value belonging to or under the legal control of a |
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resident without the effective consent of the resident or other |
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appropriate legal authority. |
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(2) "Responsible payor" means a person who: |
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(A) has legal access to the resident's income or |
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resources available to pay for nursing facility care; and |
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(B) has signed an admission agreement or other |
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contract with the facility in which the person agrees to provide |
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payment for the resident's facility care from the resident's income |
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or resources. |
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(b) A nursing facility may file an action against a |
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resident's responsible payor for an amount owed by the resident to |
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the facility if: |
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(1) before admission of the resident, the facility |
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obtains financial information from the resident or responsible |
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payor demonstrating the amount of financial resources that the |
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resident has available to pay for nursing facility care; and |
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(2) after the resident begins to reside at the |
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facility, the responsible payor misappropriates the resident's |
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resources to a degree that the resident is unable to afford to pay |
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for the resident's care. |
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(c) A nursing facility may file an action for injunctive |
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relief against a resident's responsible payor who engages in |
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conduct described by Subsection (b). The court may grant any |
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appropriate injunctive relief to prevent or abate the conduct, |
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including a temporary restraining order, temporary injunction, or |
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permanent injunction. |
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(d) Subject to Subsection (e), the prevailing party in an |
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action filed under this section may recover attorney's fees. |
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(e) In an action filed under this section, a nursing |
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facility may not recover a total amount, including damages and |
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attorney's fees, that exceeds the amount the responsible payor has |
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misappropriated from the resident. |
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SECTION 2. Section 242.020, Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |