BILL ANALYSIS
Senate Research Center H.B. 850
79R8530 YDB-D By: Brown, Betty (Deuell)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Under current Texas law, nursing homes and long term care facilities are not required to notify patients of their insurance status. H.B. 850 requires an institution to provide each resident and their next of kin or guardian with a written statement on whether the institution is covered by professional health care liability insurance for a health care liability claim against the institution and to maintain a copy of the statement.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
[While the statutory reference in this bill is to the Department of Human Services (DHS), the following amendment affects the Department of Aging and Disability Services, as the successor agency to DHS.]
SECTION 1. Amends Subchapter B, Chapter 242, Health and Safety Code, by adding Section 242.0425, as follows:
Sec. 242.0425. INFORMATION ON LIABILITY INSURANCE COVERAGE. (a) Requires an institution to provide each resident and the resident's next of kin or guardian a written statement in the form prescribed by the Department of Human Services on whether the institution is covered by professional health care liability insurance for a health care liability claim against the institution.
(b) Requires an institution to maintain a copy of the statement provided under Subsection (a) in the institution's records on the resident. Requires the statement to be signed by the resident or the resident's next of kin or guardian.
SECTION 2. (a) Requires the Department of Aging and Disability Services to prescribe the written statement that an institution is required to provide under Section 242.0425, Health and Safety Code, as added by this Act, not later than December 1, 2005.
(b) Provides that an institution is not required to provide the written statement required under Section 242.0425, Health and Safety Code, as added by this Act, before January 1, 2006.
SECTION 3. Effective date: September 1, 2005.