CS/CS/HB 569 - Nursing Home Litigation Summary

• Limits negligence and residents' rights claims to actions against the nursing home licensee, its management/consulting company, managing employees, and direct caregivers; other parties may only be sued if court finds reasonable showing of duty and breach after motion hearing.

• Requires clear and convincing evidence that punitive damages are warranted, mandates court hearing before allowing punitive damages claims, and requires trier of fact to find specific defendant participated in intentional misconduct or gross negligence that contributed to injury.

• Establishes that officers, directors, or managers must have condoned, ratified, or consented to employee/agent conduct before employer can be held vicariously liable for punitive damages.

• Creates new authority for Agency for Health Care Administration to revoke nursing home licenses or deny renewals and change-of-ownership applications if facility fails to pay court judgments or settlement agreements within 60 days.

• Revises resident records procedures to specify who may request deceased resident records, establishes copying fees ($1 per page for first 25 pages, 25 cents per page thereafter), and grants immunity to facilities releasing records in good faith; prohibits agencies from citing facilities for non-compliance with these record requirements.