HBA-ATS H.B. 1888 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1888
By: Maxey
Civil Practices
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Under the Health and Safety Code, the Texas Department of Health is
authorized to request the attorney general to bring an action in the name
and on behalf of the state for the appointment of a trustee to operate a
nursing or convalescent home in certain circumstances.  After the hearing,
the court must appoint a trustee to take charge of a home if it finds that
involuntary appointment of a trustee is necessary.  If possible, only
individuals whose background includes institutional medical administration
are appointed.  Although trustees are compensated for their services,
liability insurance is generally not provided.  Because trustees must make
timely decisions that impact the home and its residents, including
decisions on expenditures, medical care, and patient relocation, trustees
are susceptible to lawsuits.  Without immunity from liability or suit,
trustees may not be able to carry out their duties in a manner that
emphasizes resident care and reduces resident trauma. 

H.B. 1888 provides that a trustee appointed by the court to operate a
nursing or convalescent home is not liable, and a cause of action does not
arise against the trustee, for the trustee's good faith action or failure
to act if the good faith action or failure to act is performed or not
performed within the course and scope of the authority either given to the
trustee by the appointing court or approved by the appointing court.  In
addition, this bill grants judicial immunity to the trustee. 

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 242.094, Health and Safety Code, by adding
Subsection (f), as follows: 

(f)  Provides that a trustee appointed under Section 242.094 (Involuntary
Appointment) to operate a nursing or convalescent home is not liable, and a
cause of action does not arise against the trustee, for the trustee's good
faith action or failure to act if the good faith action or failure to act
is performed or not performed within the course and scope of the authority
either given to the trustee by the appointing court or approved by the
appointing court. Grants judicial immunity to the trustee. 

SECTION 2.Emergency clause.
  Effective date: upon passage.