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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.
SB 270 would grant a nursing home facility the ability to sue the responsible party of a resident at a nursing home for payment of fees if the responsible party is found to have misappropriated the resident's funds. The nursing home facility will not be able to sue for more than the amount the responsible party has misappropriated and that is owed to the nursing facility. The nursing home facility may only sue if, before being admitted the facility, the resident disclosed the amount of their financial resources and after being admitted the responsible party misappropriated the resident's funds making them unavailable to pay the nursing facility.
Texas Action supports SB 270 on the principle of personal responsibility. Nursing homes provide a service that the resident or resident's responsible party agrees to pay for. In such instances, they should have a mechanism to recoup costs when the resident's funds have been misappropriated by the resident's responsible party. This bill will help to curb elder abuse by unscrupulous people misappropriating the funds of nursing home residents.