Bill Text: TX HB1593 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 1593 (Prior Session Legislation)

Introduced

Bill Title: Relating to civil liability of a nursing facility resident's responsible payor for misappropriation of the resident's funds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-19 - Laid on the table subject to call [HB1593 Detail]

Download: Texas-2021-HB1593-Introduced.html

	87R3905 SCL-F

	By: Leach	H.B. No. 1593



	A BILL TO BE ENTITLED
	AN ACT
	relating to civil liability of a nursing facility resident's
	responsible payor for misappropriation of the resident's funds.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.020 to read as follows:
	Sec. 242.020. CIVIL LIABILITY RELATED TO MISAPPROPRIATION
	OF RESIDENT'S FUNDS. (a) In this section:
	(1) "Misappropriate" means the taking, secretion,
	misapplication, deprivation, transfer, or attempted transfer to
	any person not entitled to receive any real or personal property or
	anything of value belonging to or under the legal control of a
	resident without the effective consent of the resident or other
	appropriate legal authority.
	(2) "Responsible payor" means a person who:
	(A) has legal access to the resident's income or
	resources available to pay for nursing facility care; and
	(B) has signed an admission agreement or other
	contract with the facility in which the person agrees to provide
	payment for the resident's facility care from the resident's income
	or resources.
	(b) A nursing facility may file an action against a
	resident's responsible payor for an amount owed by the resident to
	the facility if:
	(1) before admission of the resident, the facility
	obtains financial information from the resident or responsible
	payor demonstrating the amount of financial resources that the
	resident has available to pay for nursing facility care; and
	(2) after the resident begins to reside at the
	facility, the responsible payor misappropriates the resident's
	resources to a degree that the resident is unable to afford to pay
	for the resident's care.
	(c) A nursing facility may file an action for injunctive
	relief against a resident's responsible payor who engages in
	conduct described by Subsection (b). The court may grant any
	appropriate injunctive relief to prevent or abate the conduct,
	including a temporary restraining order, temporary injunction, or
	permanent injunction.
	(d) Subject to Subsection (e), the prevailing party in an
	action filed under this section may recover attorney's fees.
	(e) In an action filed under this section, a nursing
	facility may not recover a total amount, including damages and
	attorney's fees, that exceeds the amount the responsible payor has
	misappropriated from the resident.
	SECTION 2. Section 242.020, Health and Safety Code, as
	added by this Act, applies only to a cause of action that accrues on
	or after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2021.