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.