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CONCURRENT RESOLUTION
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WHEREAS, Betty Bardwell alleges that: |
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(1) she was employed by the Rebecca Sealy Hospital, |
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part of The University of Texas Medical Branch at Galveston; |
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(2) on or about May 13, 2003, she slipped on a liquid |
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substance on the floor of the employee break room at the Rebecca |
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Sealy Hospital; |
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(3) as a result of the fall, she sustained injuries to |
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her right wrist that required surgery; |
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(4) there were no warning signs that indicated |
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housekeeping had mopped the floor; |
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(5) she reported the incident to David H. McLaren of |
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The University of Texas Medical Branch at Galveston, and that his |
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subsequent report to The University of Texas System Workers' |
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Compensation Insurance Company was "totally incorrect"; |
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(6) David McLaren's report indicated that Betty |
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Bardwell knowingly walked on a wet floor despite warning signs; |
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(7) her reputation has been damaged as a result of the |
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inaccurate report; |
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(8) the Texas Workers' Compensation Commission |
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conducted a hearing on January 5, 2004, to determine the validity of |
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her claims; |
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(9) the decision was favorable to Betty Bardwell, and |
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the case is on appeal; |
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(10) additionally, Betty Bardwell signed an |
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"Authorization for Release of Information" addressed to Dr. Emmie |
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Ko, the surgeon who performed the wrist surgery, on which she |
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indicated that only medical records related to the injuries |
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sustained in the fall should be released; |
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(11) during the Texas Workers' Compensation Commission |
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hearing, she discovered that Bradley D. McClellan, assistant |
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attorney general for the State of Texas, had access to her entire |
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medical file; |
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(12) The University of Texas Medical Branch at |
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Galveston released her entire medical file to Rydman Record |
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Retrieval, a company that was contracted by the attorney general's |
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office to obtain her medical records; |
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(13) the original "Authorization for Release of |
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Information" was altered by either the attorney general's office, |
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or by Rydman Record Retrieval, and that Dr. Emmie Ko's name had been |
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removed from the request; |
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(14) the request as submitted by Rydman Record |
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Retrieval was not compliant with the Health Insurance Portability |
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and Accountability Act of 1996 (HIPAA); |
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(15) Bradley D. McClellan is ultimately responsible |
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for the altered release form; and |
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(16) Betty Bardwell is entitled to exemplary damages |
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in the amount of $500,000; now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That Betty |
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Bardwell is granted permission to sue the State of Texas, The |
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University of Texas Medical Branch at Galveston, and the Office of |
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the Attorney General subject to Chapter 107, Civil Practice and |
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Remedies Code; and, be it further |
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RESOLVED, That the president of The University of Texas |
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Medical Branch at Galveston and the attorney general be served |
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process as provided by Section 107.002(a)(3), Civil Practice and |
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Remedies Code. |