Highlights 77th Texas Legislature - Senate

HEALTH AND HUMAN
SERVICES
Care
ERVICES/Long-Term
77 th Texas Legislature
Authorizes an institution to require an electronic monitoring device to be installed in plain view and in a
manner that is safe for residents, employees, or visitors who may be moving about the room.
Nursing Home Resident's Right to Informed Consent For Prescriptions - S.B. 355
by Senator Lindsay
House Sponsors: Representative Naishtat, et al.
Current law contains provisions that govern informed consent to psychoactive drugs for individuals in
inpatient psychiatric settings, but the provisions do not apply to residents of nursing homes.
Amends the Health and Safety Code to add the right of a resident of a nursing or convalescent home or
related institution to receive information about prescribed psychoactive medication (medication) from the
person prescribing the medication, the right to have any medications prescribed and administered in a
responsible manner, and the right to refuse to consent to the prescription of medications. The bill also adds
to the statement the right to have a person explain the side effects and risks reasonably associated with
medications.
Prohibits a person from administering a medication to a resident who does not consent to the prescription
unless the resident is having a medication-related emergency or the person authorized by law to consent
on behalf of the resident has consented to the prescription. Requires a resident's refusal to consent to
receive medication to be documented in the resident's clinical record.
Liability Insurance Options Expanded for For-Profit Nursing Homes - S.B. 415
by Senators Carona and Zaffirini
House Sponsors: Representative Naishtat, et al.
Nursing home liability insurance costs are making it difficult for homes to obtain coverage. In addition, the
number of underwriters for nursing home liability insurance has decreased over the past two years. While
the commissioner of insurance took action this interim to allow nonprofit nursing homes to purchase
insurance from the Texas Medical Liability Insurance Underwriting Association, commonly referred to as
the Joint Underwriting Association (JUA), law prohibits for-profit nursing homes from joining JUA to
purchase liability insurance.
Adds for-profit nursing homes to the definition of health care provider under the Texas Medical Liability
Insurance Underwriting Association Act.
Requires the commissioner of insurance (commissioner) by rule and in consultation with the Texas
Department of Human Services to adopt minimum underwriting standards for for-profit nursing homes
before a for-profit nursing home is authorized to obtain coverage through JUA.
Subjects the rates for for-profit nursing homes to the same requirements as not-for-profit nursing homes.
Senate Research Center 131