SRC-MKV H.B. 482 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 482
77R6479 JAT-DBy: Naishtat (Zaffirini)
Health & Human Services
4/27/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature extended protection from retaliation for making
complaints against a nursing home facility to contract employees and
volunteers. The legislation also entitled volunteers or residents to sue
for the greater of $1,000 or actual damages, including mental anguish, and
entitled employees whose employment is suspended or terminated to
reinstatement of lost fringe benefits or seniority rights. The legislation
did not specify that the protection extended to family members and
guardians of residents in nursing homes, and it did not extend the same
protection to contract employees, volunteers, and family members and
guardians of residents in intermediate care facilities. H.B. 482 extends
the protection from retaliation to family members and guardians of
residents in nursing homes and the same entitlements to contract employees,
volunteers, and family members and guardians of residents in intermediate
care facilities.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.042(a), Health and Safety Code, to add
language to require each institution to prominently and conspicuously post
for display in a public area of the institution that is readily available
to residents, employees, and visitors notice that employees, other staff,
residents, volunteers, and family members and guardians of residents are
protected from discrimination or retaliation as provided by Sections
242.133 and 242.1335. 

SECTION 2.  Amends Section 242.1335, Health and Safety Code, as follows:
 
Sec. 242.1335.  New heading:  RETALIATION AGAINST VOLUNTEERS, RESIDENTS, OR
FAMILY MEMBERS OR GUARDIANS OF RESIDENTS.  (a) Makes conforming changes. 

  (b) Makes conforming changes.

  (c) Makes conforming changes.

SECTION 3.  Amends Section 252.039, Health and Safety Code, to make a
conforming change. 

SECTION 4.  Amends Sections 252.132(a), (b), and (d), Health and Safety
Code, as follows: 

 (a) Defines "employee."

(b) Provides that an employee has cause of action against a facility, the
owner of the facility, or another employee of the facility that suspends or
terminates the employment of the employee or otherwise disciplines,
discriminates against, or retaliates against the employee for certain
actions.  Deletes language providing that a facility that violates
Subsection (a) is liable to the person against whom the facility
discriminated, and language authorizing a person against whom a facility
discriminates in violation of Subsection (a) to sue for injunctive relief,
damages, or both. 

(d) Adds language entitling a person whose employment is suspended or
terminated to appropriate injunctive relief, including, if applicable,
reinstatement of lost fringe benefits or seniority rights. 

SECTION 5.  Amends Section 252.133, Health and Safety Code, as follows:

Sec. 252.133.  New heading:  SUIT FOR RETALIATION AGAINST VOLUNTEER,
RESIDENT, OR FAMILY MEMBER OR GUARDIAN OF RESIDENT.  Adds language to
provide that a facility is prohibited from retaliating or discriminating
against certain persons that make a complaint or file a grievance
concerning the facility, report a violation of law, including a violation
of this chapter or a rule adopted under this chapter, or initiate or
cooperate in an investigation or proceeding of a governmental agency
relating to the care, services, or conditions at the facility.  Adds
language to entitle certain persons to sue for the greater of $1,000 or
actual damages, including damages for mental anguish even if an injury
other than mental anguish is not shown.  Makes conforming changes. 

SECTION 6.  Effective date: September 1, 2001.
            Makes application of this Act prospective.