1-1 AN ACT
1-2 relating to protecting certain persons from retaliation by nursing
1-3 homes or intermediate care facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 242.042(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) Each institution shall prominently and conspicuously
1-8 post for display in a public area of the institution that is
1-9 readily available to residents, employees, and visitors:
1-10 (1) the license issued under this chapter;
1-11 (2) a sign prescribed by the department that specifies
1-12 complaint procedures established under this chapter or rules
1-13 adopted under this chapter and that specifies how complaints may be
1-14 registered with the department;
1-15 (3) a notice in a form prescribed by the department
1-16 stating that licensing inspection reports and other related reports
1-17 which show deficiencies cited by the department are available at
1-18 the institution for public inspection and providing the
1-19 department's toll-free telephone number that may be used to obtain
1-20 information concerning the institution;
1-21 (4) a concise summary of the most recent inspection
1-22 report relating to the institution;
1-23 (5) notice that the department can provide summary
1-24 reports relating to the quality of care, recent investigations,
2-1 litigation, and other aspects of the operation of the institution;
2-2 (6) notice that the Texas Board of Nursing Facility
2-3 Administrators can provide information about the nursing facility
2-4 administrator;
2-5 (7) any notice or written statement required to be
2-6 posted under Section 242.072(c);
2-7 (8) notice that informational materials relating to
2-8 the compliance history of the institution are available for
2-9 inspection at a location in the institution specified by the sign;
2-10 and
2-11 (9) notice that employees, other staff, [and]
2-12 residents, volunteers, and family members and guardians of
2-13 residents are protected from discrimination or retaliation as
2-14 provided by Sections 242.133 and 242.1335.
2-15 SECTION 2. Section 242.1335, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 242.1335. RETALIATION AGAINST VOLUNTEERS, [AND]
2-18 RESIDENTS, OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS. (a) An
2-19 institution may not retaliate or discriminate against a volunteer,
2-20 [or] a resident, or a family member or guardian of a resident
2-21 because the volunteer, the resident, the resident's family member
2-22 or guardian, or any other person:
2-23 (1) makes a complaint or files a grievance concerning
2-24 the facility;
2-25 (2) reports a violation of law, including a violation
2-26 of this chapter or a rule adopted under this chapter; or
2-27 (3) initiates or cooperates in an investigation or
3-1 proceeding of a governmental entity relating to care, services, or
3-2 conditions at the institution.
3-3 (b) A volunteer, [or] a resident, or a family member or
3-4 guardian of a resident who is retaliated or discriminated against
3-5 in violation of Subsection (a) is entitled to sue for:
3-6 (1) injunctive relief;
3-7 (2) the greater of $1,000 or actual damages, including
3-8 damages for mental anguish even if an injury other than mental
3-9 anguish is not shown;
3-10 (3) exemplary damages;
3-11 (4) court costs; and
3-12 (5) reasonable attorney's fees.
3-13 (c) A volunteer, a [or] resident, or a family member or
3-14 guardian of a resident who seeks relief under this section must
3-15 report the alleged violation not later than the 180th day after the
3-16 date on which the alleged violation of this section occurred or was
3-17 discovered by the volunteer, the [or] resident, or the family
3-18 member or guardian of the resident through reasonable diligence.
3-19 (d) A suit under this section may be brought in the district
3-20 court of the county in which the institution is located or in a
3-21 district court of Travis County.
3-22 SECTION 3. Section 252.039, Health and Safety Code, is
3-23 amended to read as follows:
3-24 Sec. 252.039. POSTING. Each facility shall prominently and
3-25 conspicuously post for display in a public area of the facility
3-26 that is readily available to residents, employees, and visitors:
3-27 (1) the license issued under this chapter;
4-1 (2) a sign prescribed by the department that specifies
4-2 complaint procedures established under this chapter or rules
4-3 adopted under this chapter and that specifies how complaints may be
4-4 registered with the department;
4-5 (3) a notice in a form prescribed by the department
4-6 stating that inspection and related reports are available at the
4-7 facility for public inspection and providing the department's
4-8 toll-free telephone number that may be used to obtain information
4-9 concerning the facility; [and]
4-10 (4) a concise summary of the most recent inspection
4-11 report relating to the facility; and
4-12 (5) notice that employees, other staff, residents,
4-13 volunteers, and family members and guardians of residents are
4-14 protected from discrimination or retaliation as provided by
4-15 Sections 252.132 and 252.133.
4-16 SECTION 4. Sections 252.132(a), (b), and (d), Health and
4-17 Safety Code, are amended to read as follows:
4-18 (a) In this section, "employee" means a person who is an
4-19 employee of a facility or any other person who provides services
4-20 for a facility for compensation, including a contract laborer for
4-21 the facility.
4-22 (b) An [A facility may not suspend or terminate the
4-23 employment of, or discipline or otherwise discriminate against, an]
4-24 employee has a cause of action against a facility, the owner of the
4-25 facility, or another employee of the facility that suspends or
4-26 terminates the employment of the employee or otherwise disciplines,
4-27 discriminates against, or retaliates against the employee for:
5-1 (1) reporting to the employee's supervisor, an
5-2 administrator of the facility, a state regulatory agency, or a law
5-3 enforcement agency a violation of law, including a violation of
5-4 this chapter or a rule adopted under this chapter; or
5-5 (2) initiating or cooperating in any investigation or
5-6 proceeding of a governmental entity relating to the care, services,
5-7 or conditions at the facility [the abuse or neglect of a resident].
5-8 [(b) A facility that violates Subsection (a) is liable to
5-9 the person against whom the facility discriminated. A person
5-10 against whom a facility discriminates in violation of Subsection
5-11 (a) may sue for injunctive relief, damages, or both.]
5-12 (d) In addition to the amounts that may be recovered under
5-13 Subsection (c), a person whose employment is suspended or
5-14 terminated is entitled to appropriate injunctive relief, including,
5-15 if applicable:
5-16 (1) reinstatement in the person's former position; and
5-17 (2) reinstatement of lost fringe benefits or seniority
5-18 rights.
5-19 SECTION 5. Section 252.133, Health and Safety Code, is
5-20 amended to read as follows:
5-21 Sec. 252.133. SUIT FOR RETALIATION AGAINST VOLUNTEER,
5-22 RESIDENT, OR FAMILY MEMBER OR GUARDIAN OF RESIDENT. (a) A
5-23 facility may not retaliate or discriminate against a volunteer, a
5-24 resident, or a family member or guardian of a resident because [if]
5-25 the volunteer, the resident, the resident's family member or
5-26 guardian, or any other person:
5-27 (1) makes a complaint or files a grievance concerning
6-1 the facility;
6-2 (2) reports a violation of law, including a violation
6-3 of this chapter or a rule adopted under this chapter; or
6-4 (3) initiates or cooperates in an investigation or
6-5 proceeding of a governmental entity relating to the care, services,
6-6 or conditions at the facility [reports abuse or neglect in
6-7 accordance with this subchapter].
6-8 (b) A volunteer, a resident, or a family member or guardian
6-9 of a resident against whom a facility retaliates or discriminates
6-10 in violation of Subsection (a) is entitled to sue for:
6-11 (1) injunctive relief;
6-12 (2) the greater of $1,000 or actual damages, including
6-13 damages for mental anguish even if an injury other than mental
6-14 anguish is not shown;
6-15 (3) exemplary damages;
6-16 (4) court costs; and
6-17 (5) reasonable attorney's fees.
6-18 (c) A volunteer, a resident, or a family member or guardian
6-19 of a resident who seeks relief under this section must report the
6-20 alleged violation not later than the 180th day after the date on
6-21 which the alleged violation of this section occurred or was
6-22 discovered by the volunteer, the resident, or the family member or
6-23 guardian of the resident through reasonable diligence.
6-24 (d) A suit under this section may be brought in the district
6-25 court of the county in which the facility is located or in a
6-26 district court of Travis County.
6-27 SECTION 6. This Act takes effect September 1, 2001, and
7-1 applies only to a cause of action that accrues on or after the
7-2 effective date of this Act. A cause of action that accrues before
7-3 that date is governed by the law in effect at the time the cause of
7-4 action accrues, and the former law is continued in effect for that
7-5 purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 482 was passed by the House on April
18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 482 was passed by the Senate on May
7, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor