82R10635 CJC-F
By: Ellis S.B. No. 1820
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the attorney general to recover a civil
penalty from certain nonprofit hospitals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 311.048, Health and Safety Code, is
amended to read as follows:
Sec. 311.048. RIGHTS AND REMEDIES. (a) The rights and
remedies provided for in this subchapter are cumulative of other
rights and remedies provided by law, and shall not limit, affect,
change, or repeal any other statutory or common-law rights or
remedies available to the state or a nonprofit hospital.
(b) The attorney general may bring suit against a nonprofit
hospital or a member of the governing board of a nonprofit hospital
to restrain or prevent the member from violating or continuing to
violate this subchapter. The attorney general may bring suit under
this subsection for:
(1) damages;
(2) injunctive relief; or
(3) any other equitable remedy determined to be
appropriate by the court.
(c) In addition to the request for injunctive relief under
this section, the attorney general may request, and the trier of
fact may award, a civil penalty to be paid to the state in an amount
not to exceed four percent of the hospital's net patient revenue.
(d) Venue for a suit under this section is in the district
court in the county in which the hospital is located or in Travis
County.
(e) In a proceeding brought by the attorney general under
this section, the attorney general is entitled to recovery of
reasonable attorney's fees, investigative costs, and court costs.
(f) Section 311.045(e) does not prevent the attorney
general from bringing an action under this section.
SECTION 2. This Act takes effect September 1, 2011.