By Naishtat H.B. No. 482
77R1616 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protecting from retaliation certain persons who have
1-3 filed claims of abuse or neglect against nursing homes or
1-4 intermediate care facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 242.042(a), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (a) Each institution shall prominently and conspicuously
1-9 post for display in a public area of the institution that is
1-10 readily available to residents, employees, and visitors:
1-11 (1) the license issued under this chapter;
1-12 (2) a sign prescribed by the department that specifies
1-13 complaint procedures established under this chapter or rules
1-14 adopted under this chapter and that specifies how complaints may be
1-15 registered with the department;
1-16 (3) a notice in a form prescribed by the department
1-17 stating that licensing inspection reports and other related reports
1-18 which show deficiencies cited by the department are available at
1-19 the institution for public inspection and providing the
1-20 department's toll-free telephone number that may be used to obtain
1-21 information concerning the institution;
1-22 (4) a concise summary of the most recent inspection
1-23 report relating to the institution;
1-24 (5) notice that the department can provide summary
2-1 reports relating to the quality of care, recent investigations,
2-2 litigation, and other aspects of the operation of the institution;
2-3 (6) notice that the Texas Board of Nursing Facility
2-4 Administrators can provide information about the nursing facility
2-5 administrator;
2-6 (7) any notice or written statement required to be
2-7 posted under Section 242.072(c);
2-8 (8) notice that informational materials relating to
2-9 the compliance history of the institution are available for
2-10 inspection at a location in the institution specified by the sign;
2-11 and
2-12 (9) notice that employees, other staff, [and]
2-13 residents, and family members and guardians of residents are
2-14 protected from discrimination or retaliation as provided by
2-15 Sections 242.133 and 242.1335.
2-16 SECTION 2. Section 242.1335, Health and Safety Code, is
2-17 amended to read as follows:
2-18 Sec. 242.1335. RETALIATION AGAINST VOLUNTEERS, [AND]
2-19 RESIDENTS, AND FAMILY MEMBERS AND GUARDIANS OF RESIDENTS. (a) An
2-20 institution may not retaliate or discriminate against a volunteer,
2-21 [or] a resident, or a family member or guardian of a resident
2-22 because the volunteer, the resident, the resident's family member
2-23 or guardian, or any other person:
2-24 (1) makes a complaint or files a grievance concerning
2-25 the facility;
2-26 (2) reports a violation of law, including a violation
2-27 of this chapter or a rule adopted under this chapter; or
3-1 (3) initiates or cooperates in an investigation or
3-2 proceeding of a governmental entity relating to care, services, or
3-3 conditions at the institution.
3-4 (b) A volunteer, [or] a resident, or a family member or
3-5 guardian of a resident who is retaliated or discriminated against
3-6 in violation of Subsection (a) is entitled to sue for:
3-7 (1) injunctive relief;
3-8 (2) the greater of $1,000 or actual damages, including
3-9 damages for mental anguish even if an injury other than mental
3-10 anguish is not shown;
3-11 (3) exemplary damages;
3-12 (4) court costs; and
3-13 (5) reasonable attorney's fees.
3-14 (c) A volunteer, a [or] resident, or a family member or
3-15 guardian of a resident who seeks relief under this section must
3-16 report the alleged violation not later than the 180th day after the
3-17 date on which the alleged violation of this section occurred or was
3-18 discovered by the volunteer, the [or] resident, or the family
3-19 member or guardian of the resident through reasonable diligence.
3-20 (d) A suit under this section may be brought in the district
3-21 court of the county in which the institution is located or in a
3-22 district court of Travis County.
3-23 SECTION 3. Section 252.133, Health and Safety Code, is
3-24 amended to read as follows:
3-25 Sec. 252.133. SUIT FOR RETALIATION AGAINST RESIDENT OR
3-26 FAMILY MEMBER OR GUARDIAN OF RESIDENT. (a) A facility may not
3-27 retaliate or discriminate against a resident or a family member or
4-1 guardian of a resident if the resident, the resident's family
4-2 member or guardian, or any other person reports abuse or neglect in
4-3 accordance with this subchapter.
4-4 (b) A resident or a family member or guardian of a resident
4-5 against whom a facility retaliates or discriminates in violation of
4-6 Subsection (a) is entitled to sue for:
4-7 (1) injunctive relief;
4-8 (2) actual damages;
4-9 (3) exemplary damages;
4-10 (4) court costs; and
4-11 (5) reasonable attorney's fees.
4-12 (c) A resident or a family member or guardian of a resident
4-13 who seeks relief under this section must report the alleged
4-14 violation not later than the 180th day after the date on which the
4-15 alleged violation of this section occurred or was discovered by the
4-16 resident or the family member or guardian of the resident through
4-17 reasonable diligence.
4-18 (d) A suit under this section may be brought in the district
4-19 court of the county in which the facility is located or in a
4-20 district court of Travis County.
4-21 SECTION 4. This Act takes effect September 1, 2001, and
4-22 applies only to a cause of action that accrues on or after the
4-23 effective date of this Act. A cause of action that accrues before
4-24 that date is governed by the law in effect at the time the cause of
4-25 action accrues, and the former law is continued in effect for that
4-26 purpose.