HBA-CMT H.B. 482 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 482
By: Naishtat
Human Services
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, employees, volunteers, and residents of nursing homes
and intermediate care facilities are protected from discrimination or
retaliation for reporting a violation of law, or initiating or cooperating
in an investigation of the institution.  Protection from discrimination or
retaliation is not extended to family members or guardians of residents.
House Bill 482 extends the current protections from discrimination or
retaliation to family members and guardians of residents in nursing homes
and intermediate care facilities. 

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. 

ANALYSIS

House Bill 482 amends the Health and Safety Code to add family members and
guardians of residents of nursing homes or intermediate care facilities
(institutions) to the parties who are protected from retaliation by an
institution for filing a complaint or grievance, reporting a violation of
law, or initiating or cooperating in an investigation.  The bill authorizes
family members or guardians who are retaliated or discriminated against to
sue. 

The bill also requires institutions to include family members and guardians
in the prominently displayed notice of protection from discrimination or
retaliation. 

EFFECTIVE DATE

September 1, 2001.