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


Office of House Bill AnalysisC.S.H.B. 1888
By: Maxey
Civil Practices
4/30/1999
Committee Report (Substituted)



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
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. 

C.S.H.B. 1888 grants judicial immunity to a trustee appointed by a court to
operate a nursing or convalescent home, personal care facility, or an
intermediate care facility for the mentally retarded  for all acts
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. 

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), to grant judicial immunity to a trustee appointed under
Section 242.094 (Involuntary Appointment) to operate a nursing or
convalescent home or personal care facility for all acts 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. 

SECTION 2.  Amends Section 252.093, Health and Safety Code, by adding
Subsection (f), to grant judicial immunity to a trustee appointed under
Section 252.093 (Involuntary Appointment) to operate an intermediate care
facility for the mentally retarded for all acts 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. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1888 differs from the original bill in the caption by including an
intermediate care facility for the mentally retarded and a personal care
facility among the facilities to which this Act relates. 

C.S.H.B. 1888 differs from the original in SECTION 1 (proposed Section
242.094(f)) by removing the provision that a trustee appointed to operate a
nursing or convalescent home or personal care facility neither was liable
nor could a cause of action arise against the trustee for the trustee's
good  faith action or failure to act if the good faith action or failure to
act was 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.  The substitute also redefines the grant of
judicial immunity given to the appointed trustee by granting it for all
acts 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. 

C.S.H.B. 1888 differs from the original bill by redesignating SECTION 2
(emergency clause) of the original to SECTION 3. 

In new SECTION 2, the substitute amends Section 252.093, Health and Safety
Code, by adding Subsection (f), to grant judicial immunity to a trustee
appointed to operate an intermediate care facility for the mentally
retarded for all acts 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.