S.B. No. 270
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 270 passed the Senate on
March 25, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 270 passed the House on
April 20, 2021, by the following vote: Yeas 136, Nays 8, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor