79R3566 YDB-D

By:  Brown of Kaufman                                             H.B. No. 850



A BILL TO BE ENTITLED

AN ACT

relating to professional health care liability insurance coverage 
information posted and provided by a nursing home.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 242.042(a), Health and Safety Code, is 
amended to read as follows:
	(a)  Each institution shall prominently and conspicuously 
post for display in a public area of the institution that is readily 
available to residents, employees, and visitors:
		(1)  the license issued under this chapter;                                   
		(2)  a sign prescribed by the department that specifies 
complaint procedures established under this chapter or rules 
adopted under this chapter and that specifies how complaints may be 
registered with the department;
		(3)  a notice in a form prescribed by the department 
stating that licensing inspection reports and other related reports 
which show deficiencies cited by the department are available at 
the institution for public inspection and providing the 
department's toll-free telephone number that may be used to obtain 
information concerning the institution;
		(4)  a concise summary of the most recent inspection 
report relating to the institution;
		(5)  notice that the department can provide summary 
reports relating to the quality of care, recent investigations, 
litigation, and other aspects of the operation of the institution;
		(6)  notice that the department [Texas Board of Nursing 
Facility Administrators] can provide information about the nursing 
facility administrator;
		(7)  any notice or written statement required to be 
posted under Section 242.072(c);
		(8)  notice that informational materials relating to 
the compliance history of the institution are available for 
inspection at a location in the institution specified by the sign;
[and]
		(9)  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; and
		(10)  a notice in the form prescribed by the department 
on whether the institution is covered by professional health care 
liability insurance for a health care liability claim against the 
institution.
	SECTION 2.  Subchapter B, Chapter 242, Health and Safety 
Code, is amended by adding Section 242.0425 to read as follows:
	Sec. 242.0425.  INFORMATION ON LIABILITY INSURANCE 
COVERAGE.  (a)  An institution shall provide each resident and the 
resident's next of kin or guardian a written statement in the form 
prescribed by the department on whether the institution is covered 
by professional health care liability insurance for a health care 
liability claim against the institution.
	(b)  An institution shall maintain a copy of the statement 
provided under Subsection (a) in the institution's records on the 
resident.  The statement must be signed by the resident or the 
resident's next of kin or guardian.
	SECTION 3.  (a)  Not later than December 1, 2005, the 
Department of Aging and Disability Services shall prescribe:
		(1)  the form of the professional health care liability 
insurance coverage notice that an institution is required to post 
under Section 242.042(a)(10), Health and Safety Code, as added by 
this Act; and
		(2)  the written statement that an institution is 
required to provide under Section 242.0425, Health and Safety Code, 
as added by this Act.
	(b)  An institution is not required to post the professional 
health care liability insurance coverage notice under Section 
242.042(a)(10), Health and Safety Code, as added by this Act, or 
provide the written statement required under Section 242.0425, 
Health and Safety Code, as added by this Act, before January 1, 
2006.
	SECTION 4.  This Act takes effect September 1, 2005.