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SB 1304: Claims Against Long-term Care Facilities

GENERAL BILL by Burton

Claims Against Long-term Care Facilities; Providing requirements for admissible evidence for specified claims; providing requirements for corroboration of reasonable grounds to initiate a claim for residents’ rights violation or negligence as to each prospective defendant; repealing provisions relating to specified actions not being applicable to claims for medical malpractice; providing requirements for an exclusive cause of action for residents’ rights violations or negligence to be brought against specified individuals; prohibiting a facility from being cited by the Agency for Health Care Administration under certain circumstances, etc.

Effective Date: 7/1/2023
 Last Action: 5/5/2023 Senate - Died in Judiciary
Bill Text: Web Page | PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Health Policy (HP)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    2/28/2023 Senate • Filed
    3/6/2023 Senate • Referred to Judiciary; Health Policy; Rules
    3/7/2023 Senate • Introduced
    5/5/2023 Senate • Died in Judiciary

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  • SB 1304, Original Filed Version (Current Bill Version) Posted 2/28/2023 at 4:34 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 1029 Claims Against Long-term Care Facilities Maggard Similar Last Action: 5/5/2023 H Died in Civil Justice Subcommittee Track This Bill

    Citations - Statutes (11)

    Citation Catchline Location in Bill Location In Bill Help
    400.023 Civil enforcement. Page 2 (pdf)
    400.0233 Presuit notice; investigation; notification of violation of resident’s rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation. Page 5 (pdf)
    400.0235 Certain provisions not applicable to actions under this part. Page 7 (pdf)
    400.0236 Statute of limitations. Page 7 (pdf)
    429.29 Civil actions to enforce rights. Page 8 (pdf)
    429.293 Presuit notice; investigation; notification of violation of residents’ rights or alleged negligence; claims evaluation procedure; informal discovery; review; settlement offer; mediation. Page 15 (pdf)
    429.294 Availability of facility records for investigation of resident’s rights violations and defenses; penalty. Page 17 (pdf)
    429.295 Certain provisions not applicable to actions under this part. Page 20 (pdf)
    429.296 Statute of limitations. Page 21 (pdf)
    429.297 Punitive damages; pleading; burden of proof. Page 21 (pdf)
    429.299 Page 24 (pdf)

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