Texas 2009 - 81st Regular

Texas House Bill HB2402

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the right of a resident in a nursing home or related institution to bring an action in court.

Impact

If enacted, HB2402 would significantly impact state laws related to residents' rights within long-term care facilities. The bill requires the Texas Department of Health and Human Services to establish regulations that are consistent with both state and federal law, thus strengthening existing protections against abuse, exploitation, and neglect. It emphasizes not only the legal rights of residents but also their rights to privacy, safety, and personal property, which can foster a more respectful and secure living environment for individuals in nursing homes.

Summary

House Bill 2402 seeks to enhance the rights of residents in nursing homes and related institutions by explicitly allowing them to bring legal actions in court. This proposed legislation amends Section 242.501(a) of the Health and Safety Code, mandating that a comprehensive statement of residents' rights must reflect their unique circumstances and ensure protection against discrimination based on various factors, including age, race, and disability. By including provisions for legal recourse, the bill aims to empower residents and safeguard their dignity and autonomy within these facilities.

Contention

Discussions surrounding this bill are expected to highlight a range of opinions, particularly regarding its implementation and the potential burden it may place on nursing homes. Supporters argue that allowing residents to take legal actions will deter mistreatment and enhance accountability for facility operations. On the other hand, opponents may express concerns that the bill could lead to increased litigation against nursing homes, which could strain their resources and affect the overall quality of care provided to residents. Overall, the bill has stirred dialogue regarding the balance between legal protections for vulnerable populations and the operational realities of care facilities.

Companion Bills

No companion bills found.

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