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


Office of House Bill AnalysisC.S.H.B. 482
By: Naishtat
Human Services
2/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 76th  Legislature extended protection from retaliation for making
complaints against a nursing home facility to contract employees and
volunteers.  The legislation also entitled volunteers or residents to sue
for the greater of $1,000 or actual damages, including mental anguish, and
entitled  employees whose employment is suspended or terminated to
reinstatement of lost fringe benefits or seniority rights.  The legislation
did not specify that the protection extended to family members and
guardians of residents in nursing homes, and it did not extend the same
protection to contract employees, volunteers, and family members and
guardians of residents in intermediate care facilities.  C.S.H.B. 482
extends the protection from retaliation to family members and guardians of
residents in nursing homes and the same entitlements to contract employees,
volunteers, and family members and guardians of residents in 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

C.S.H.B. 482 amends the Health and Safety Code to add volunteers, family
members or guardians of residents of convalescent and nursing homes and
related institutions (nursing homes) to the parties who are entitled to sue
and are protected from retaliation by a nursing home for filing a complaint
or grievance, reporting a violation of law, or initiating or cooperating in
an investigation.  The bill requires nursing homes to include volunteers,
family members, and guardians in the prominently displayed notice of
protection from discrimination or retaliation. 

The bill adds volunteers, contract employees, and family members or
guardians of residents of intermediate care facilities for the mentally
retarded (ICF-MR) to the parties who are entitled to sue and are protected
from retaliation by an ICF-MR for filing a complaint or grievance,
reporting a violation of law, or initiating or cooperating in an
investigation.  The bill entitles a volunteer, resident, or family member
or guardian of a resident of an ICF-MR to sue for the greater of $1,000 or
actual damages, including damages for mental anguish.   

The bill entitles a person whose employment is suspended or terminated to
reinstatement in the person's former position and reinstatement of lost
fringe benefits or seniority rights. 

The bill requires each ICF-MR to  prominently post notice that employees,
other staff, residents, volunteers, and family members and guardians of
residents are protected from discrimination or retaliation. 

EFFECTIVE DATE

September 1, 2001.

 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 482 modifies the original by extending the right to sue and
protection from retaliation to contract employees and volunteers of
ICF-MRs.  The substitute entitles a volunteer, resident, or family member
or guardian of a resident of an ICF-MR to sue for the greater of $1,000 or
actual damages, including damages for mental anguish.  The substitute
provides that an employee, including a contract employee, of an ICFMR, has
a cause of action for prohibited retaliation and entitles a person whose
employment is suspended to reinstatement of lost fringe benefits or
seniority rights.  The substitute modifies the original to require an
ICF-MR to prominently post notice of protection from discrimination and
retaliation.  The substitute requires nursing homes to include volunteers
in the prominently displayed notice of protection from discrimination or
retaliation.