Looking to reduce nursing home medical professional liability rates by preventing accidents and injuries that lead to claims, Texas Insurance Commissioner Jose Montemayor adopted a “best practices” plan that would apply to both nonprofit and privately-run facilities. The best practices rules were adopted in response to the Long-Term Care Facility Improvement Act, passed by the 2001 state legislature. The bill allows insurers and the Texas Medical Liability Insurance Underwriting Association (JUA) to take into account a nursing home’s adoption of the best practices when determining the home’s rates for medical professional liability insurance. The practices proposed by Montemayor emphasize procedures to minimize insurance claims and improve quality of care by extension. They do not establish standards of care to potentially be used against nursing homes in civil suits.
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