By: Jackson  S.C.R. No. 65
         (In the Senate - Filed April 25, 2007; April 26, 2007, read
  first time and referred to Committee on Jurisprudence;
  May 10, 2007, reported favorably by the following vote:  Yeas 4,
  Nays 0; May 10, 2007, sent to printer.)
         WHEREAS, Betty Bardwell alleges that:
               (1)  she was employed by the Rebecca Sealy Hospital,
  part of The University of Texas Medical Branch at Galveston;
               (2)  on or about May 13, 2003, she slipped on a liquid
  substance on the floor of the employee break room at the Rebecca
  Sealy Hospital;
               (3)  as a result of the fall, she sustained injuries to
  her right wrist that required surgery;
               (4)  there were no warning signs that indicated
  housekeeping had mopped the floor;
               (5)  she reported the incident to David H. McLaren of
  The University of Texas Medical Branch at Galveston, and that his
  subsequent report to The University of Texas System Workers'
  Compensation Insurance Office was "totally incorrect";
               (6)  David McLaren's report indicated that Betty
  Bardwell knowingly walked on a wet floor despite warning signs;
               (7)  her reputation has been damaged as a result of the
  inaccurate report;
               (8)  the Texas Workers' Compensation Commission
  conducted a hearing on January 5, 2004, to determine the validity of
  her claims;
               (9)  the decision was favorable to Betty Bardwell, and
  the case is on appeal;
               (10)  additionally, Betty Bardwell signed an
  "Authorization for Release of Information" addressed to Dr. Emmie
  Ko, the surgeon who performed the wrist surgery, on which she
  indicated that only medical records related to the injuries
  sustained in the fall should be released;
               (11)  during the Texas Workers' Compensation Commission
  hearing, she discovered that Bradley D. McClellan, assistant
  attorney general for the State of Texas, had access to her entire
  medical file;
               (12)  The University of Texas Medical Branch at
  Galveston released her entire medical file to Rydman Record
  Retrieval, a company that was contracted by the attorney general's
  office to obtain her medical records;
               (13)  the original "Authorization for Release of
  Information" was altered by either the attorney general's office,
  or by Rydman Record Retrieval, and that Dr. Emmie Ko's name had been
  removed from the request;
               (14)  the request as submitted by Rydman Record
  Retrieval was not compliant with the Health Insurance Portability
  and Accountability Act of 1996 (HIPAA);
               (15)  Bradley D. McClellan is ultimately responsible
  for the altered release form; and
               (16)  Betty Bardwell is entitled to exemplary damages
  in the amount of $500,000; now, therefore, be it
         RESOLVED by the Legislature of the State of Texas, That Betty
  Bardwell is granted permission to sue the State of Texas, The
  University of Texas Medical Branch at Galveston, and the Office of
  the Attorney General subject to Chapter 107, Civil Practice and
  Remedies Code; and, be it further
         RESOLVED, That the president of The University of Texas
  Medical Branch at Galveston and the attorney general be served
  process as provided by Subdivision (3), Subsection (a), Section
  107.002, Civil Practice and Remedies Code.
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