By: Jackson S.C.R. No. 33
(In the Senate - Filed February 24, 2009; March 13, 2009,
read first time and referred to Committee on Jurisprudence;
March 30, 2009, reported favorably by the following vote: Yeas 4,
Nays 2; March 30, 2009, sent to printer.)
SENATE CONCURRENT RESOLUTION
WHEREAS, Betty Bardwell alleges that:
(1) she was employed by the Rebecca Sealy Hospital,
part of The University of Texas Medical Branch at Galveston;
(2) on or about May 13, 2003, she slipped on a liquid
substance on the floor of the employee break room at the Rebecca
Sealy Hospital;
(3) as a result of the fall, she sustained injuries to
her right wrist that required surgery;
(4) there were no warning signs that indicated
housekeeping had mopped the floor;
(5) she reported the incident to David H. McLaren of
The University of Texas Medical Branch at Galveston, and that his
subsequent report to The University of Texas System Workers'
Compensation Insurance Company was "totally incorrect";
(6) David McLaren's report indicated that Betty
Bardwell knowingly walked on a wet floor despite warning signs;
(7) her reputation has been damaged as a result of the
inaccurate report;
(8) the Texas Workers' Compensation Commission
conducted a hearing on January 5, 2004, to determine the validity of
her claims;
(9) the decision was favorable to Betty Bardwell;
(10) additionally, Betty Bardwell signed an
"Authorization for Release of Information" addressed to Dr. Emmie
Ko, the surgeon who performed the wrist surgery, on which she
indicated that only medical records related to the injuries
sustained in the fall should be released;
(11) during the Texas Workers' Compensation Commission
hearing, she discovered that Bradley D. McClellan, assistant
attorney general for the State of Texas, had access to her entire
medical file;
(12) The University of Texas Medical Branch at
Galveston released her entire medical file to Rydman Record
Retrieval, a company that was contracted by the attorney general's
office to obtain her medical records;
(13) the original "Authorization for Release of
Information" was altered by either the attorney general's office or
Rydman Record Retrieval, and that Dr. Emmie Ko's name had been
removed from the request;
(14) the request as submitted by Rydman Record
Retrieval was not compliant with the Health Insurance Portability
and Accountability Act of 1996 (HIPAA);
(15) Bradley D. McClellan is ultimately responsible
for the altered release form; and
(16) Betty Bardwell is entitled to exemplary damages
in the amount of $500,000; now, therefore, be it
RESOLVED by the Legislature of the State of Texas, That Betty
Bardwell is granted permission to sue the State of Texas, The
University of Texas Medical Branch at Galveston, and the Office of
the Attorney General subject to Chapter 107, Civil Practice and
Remedies Code; and, be it further
RESOLVED, That the president of The University of Texas
Medical Branch at Galveston and the attorney general be served
process as provided by Subdivision (3), Subsection (a), Section
107.002, Civil Practice and Remedies Code.
* * * * *