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Relating to civil liability of a nursing facility resident's responsible payor for misappropriation of the resident's funds.
No significant fiscal implication to the State is anticipated.
HB 1593 would permit a nursing facility to file an action against a resident’s responsible payor for an amount owed if the payor misappropriates the resident’s financial resources during the course of their stay to the extent that they can no longer afford care. A nursing facility would not be permitted to recover more than the total amount the payor has misappropriated in such an action. The prevailing party in the action would be entitled to recover attorney’s fees.
Texas Action supports HB 1593 because it promotes personal responsibility and protects the property rights of nursing facilities. Nursing facilities should have a remedy when a person responsible for a resident’s finances causes them to fall behind in their payments to the facility. HB 1593 would correctly direct civil responsibility towards the person who misappropriated the money, not the nursing facility resident.