The statutory duty not to retaliate against employees for reporting violations of law does not directly relate to treatment that was or should have been performed for a patient therefore does not fall within the definition of an HCLC [Health Care Liability Claim].

By Adam S. Greenfield on March 4, 2016

This is an interlocutory appeal from an order denying Loyds of Dallas Enterprises, LLC’s motion to dismiss an alleged health care liability claim (HCLC) for failure to file an expert report. … Jennings alleges she was fired for reporting violations of the health and safety code consisting of failures by Loyds to make adequate medication and food available for residents. After the time expired for filing an expert report, Loyds moved to dismiss Jennings’s suit, arguing her claim was an HCLC and she failed to file an expert report as required by Section 74.351 of the civil practice and remedies code. The trial court denied the motion. In a single issue on appeal, Loyds argues Jennings’s claim is an HCLC under the supreme court’s holding in PH Management–Trinity NC, LLC v. Kumets, 404 S.W.3d 550 (Tex.2013) (per curiam).

Loyds of Dallas Enterprises, LLC v. Jennings, 2016 WL 718573 (Tex. App. – Dallas Feb. 23, 2016, no pet.h).