HBA-NMO, NLM H.B. 1237 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1237
By: Naishtat
Human Services
9/30/1999
Enrolled



BACKGROUND AND PURPOSE 

State law provides protection against retaliation for employees and
residents of nursing homes who initiate or cooperate with any investigation
of nursing home operators or employees.  However, prior to the 76th
Legislature, the law did not specifically extend protection to contract
employees, and volunteers.  H.B. 1237 provides protection against
retaliation for volunteers who file a grievance or complaint, cooperate in
an investigation, or report a violation of law involving the care,
services, or conditions of a nursing home facility.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.133, Health and Safety Code, as follows:

Sec. 242.133.  New title: RETALIATION AGAINST EMPLOYEES PROHIBITED. (a)
Defines "employee." 

(b) Expands the existing provisions regarding an employee's cause of action
against an institution, or the owner or another employee of the
institution, to include reporting to the employee's supervisor, an
administrator of the institution, a state regulatory agency, or a law
enforcement agency a violation of law, including a violation of this
chapter (Convalescent and Nursing Homes and Related Institutions) or a rule
adopted under this chapter. Deletes language regarding a report or
complaint for reporting the abuse or neglect or other complaint to the
person's supervisors. Makes nonsubstantive changes. 

(c) Redesignated from existing Subsection (b). Makes no change.

(d) Redesignated from existing Subsection (c).  Provides that a person
whose employment is suspended or terminated is entitled to appropriate
injunctive relief. 

(e) Redesignated from existing Subsection (d). Updates references to the
Texas Workforce Commission (commission), previously known as the Texas
Employment Commission. 

(f)-(g)  Redesignated from existing Subsections (e)-(f). Makes no change.

(h)  Redesignated from existing Subsection (g).  Makes a conforming change.


SECTION 2.  Amends Section 242.1335, Health and Safety Code, as follows:

Sec. 242.1335.  New title:  RETALIATION AGAINST VOLUNTEERS AND RESIDENTS.
(a)  Provides that an institution may not retaliate or discriminate against
a volunteer or a resident because the volunteer, the resident, the
resident's guardian, or any other person  makes a complaint or files a
grievance concerning the facility, reports a violation of law, including a
violation of this chapter or a rule adopted under this chapter, or
initiates or cooperates in an investigation or proceeding of a governmental
entity relating to care, services, or conditions at the institution.  Makes
conforming and nonsubstantive changes.  

(b) Includes the greater of $1,000 or actual damages including damages for
mental anguish if an injury other than mental anguish is not shown among
the list of items for which a volunteer or a resident is entitled to sue
under the existing provisions of this subsection. 

(c)  Makes conforming changes.

(d) Makes no change.

SECTION 3.  Amends Section 242.042, Health and Safety Code, by amending
Subsection (a) and by adding Subsection (d), as follows: 

(a) Includes among the list of items that each institution is required to
prominently and conspicuously post for display in a public area of the
institution that is readily available to residents, employees, and
visitors, a notice that employees, other staff, and residents are protected
from discrimination or retaliation as provided by Sections 242.133 and
242.1335. Makes nonsubstantive  changes. 

(d) Provides that the notice required above must be posted in English and a
second language as required by the Texas Department of Human Services
(department) rule.   

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.