Texas Senate Bill SB270

Texas 2021 - 87th Regular

Caption

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

Impact

The enactment of SB270 will create a more structured approach to holding responsible payors accountable for financial misconduct affecting nursing facility residents. By allowing nursing homes to pursue civil actions against these payors, the bill seeks to protect vulnerable residents from financial exploitation. Additionally, the legislation enables facilities to obtain injunctive relief against responsible payors engaging in misconduct, granting courts authority to issue temporary or permanent restraining orders. This added layer of protection aims to reduce the risk of residents being deprived of necessary funds for their care due to misappropriation by those they trust to manage their financial affairs.

Summary

SB270 addresses the civil liability of a responsible payor for misappropriation of funds belonging to a resident of a nursing facility. The bill amends the Health and Safety Code by establishing new provisions for legal actions against responsible payors who are involved in the misappropriation of a resident's financial resources. According to the bill, a responsible payor is defined as a person who has legal access to a resident's income and has signed an agreement to cover the costs of the resident's care. The nuances of the terms 'misappropriate' include various forms of financial misconduct that impact a resident's ability to afford care. The legislation provides a legal framework for nursing facilities to pursue recourse against responsible payors for financial losses due to misappropriation.

Sentiment

The response to SB270 has generally been supportive, particularly among lawmakers focused on safeguarding senior citizens and ensuring their financial security in nursing facilities. The notion of holding responsible payors accountable resonates well with proponents who argue that it is crucial to protect residents from financial exploitation. However, there may be concerns regarding the implementation of the bill and the potential legal burdens placed upon payors. The discussion among certain groups reflects a desire to find a balance between sufficient oversight of responsible payors and ensuring that necessary care can be afforded without overly complex litigation processes.

Contention

While the bill has garnered support, there may be contention around the scope and definitions concerning misappropriation of funds. Some may argue that the definitions are too broad and could lead to unnecessary litigation against responsible payors who may be managing limited resources. Additionally, there are questions regarding the burden of proof required for nursing facilities to establish that misappropriation has occurred. Legislative discussions may highlight the importance of protecting residents while ensuring there are fair processes and safeguards for responsible payors who act in good faith.