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.