HBA-NLM H.B. 1237 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1237 By: Naishtat Human Services 2/17/1999 Introduced BACKGROUND AND PURPOSE Current law provides protection against retaliation for employees and residents who initiate or cooperate with any investigation of nursing home operators and other employees of these facilities. However, the statute does not specifically extend this protection to contract employees, volunteers, and other nonemployees. H.B. 1237 provides protection against retaliation for nonemployees 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. This bill also extends, from 90 days to 180 days, the period in which a suspended or terminated employee or nonemployee may file suit or inform the Texas Workforce Commission (TWC) of that person's intent to file suit. 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) 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 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. (b) Makes no change. (c) Provides that a person whose employment is suspended or terminated is entitled to reinstatement in the person's former position and reinstatement of lost fringe benefits or seniority rights, if applicable. (d) Updates references to the Texas Workforce Commission (commission), previously known as the Texas Employment Commission. Increases the date by which the petitioner must bring suit or notify the Texas Workforce Commission to the 180th day, rather than the 90th day. (e)-(g) Makes no change. SECTION 2. Amends Section 242.1335, Health and Safety Code, as follows: Sec. 242.1335. New title: RETALIATION AGAINST NONEMPLOYEES AND RESIDENTS. (a) Defines "nonemployee." (b) Provides that an institution may not retaliate or discriminate against a nonemployee or a resident because the nonemployee, 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. (c) Includes the greater of $1,000 or actual damages including damages for mental anguish if an injury other than mental anguish is not shown, and damages for lost wages if the nonemployee's employment was suspended or terminated, among the list of items for which a nonemployee or a resident is entitled to sue under the existing provisions of this subsection. Redesignates existing Subsection (b) to (c). Makes conforming changes. (d) Redesignated from existing Subsection (c). Makes conforming changes. (e) Redesignated from existing Subsection (d). 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.