BILL ANALYSIS


                                                         S.B. 913
                                                        By: Lucio
                                        Health and Human Services
                                                          4-28-95
                                     Committee Report (Unamended)
BACKGROUND

State employees or recipients of government assistance have legal
"whistle blower" protection.  If a person reports any inappropriate
activities, the person is protected from retaliation by this law.

The law does not extend to those who may report such
irregularities, but are not on some type of government assistance. 
In the case of nursing homes, any welfare recipient is protected if
the recipient reports abuse.  A private pay individual who reports
such violations is not protected under this law and may suffer
consequences for "whistle blowing."

In one case, a constituent from the Rio Grande Valley was expelled
from a nursing home.  The only other nursing home that accepted him
is in San Marcos, 625 miles away from Brownsville.

PURPOSE

As proposed, S.B. 913 provides protection for private pay
individuals who report abuse or neglect in nursing homes or related
institutions.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 242E, Health and Safety Code, by adding
Section 242.1335, as follows:

     Sec. 242.1335.  SUIT FOR RETALIATION AGAINST RESIDENT.  (a)
     Prohibits an institution from retaliating or discriminating
     against a resident if the resident, the resident's guardian,
     or any other person reports abuse or neglect.
     
     (b) Entitles a resident to sue for certain forms of relief,
       damages, or fees.
       
       (c) Requires a resident who seeks relief to sue within 90
       days after the alleged violation occurred or was discovered
       by the resident.
       
       (d) Authorizes a suit to be brought in the district court of
       the county in which the institution is located or in a
       Travis County district court.
SECTION 2. Emergency clause.
           Effective date: upon passage.