By:  Harris, Jack                                      H.B. No. 591
       73R924 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the civil liability of certain persons providing
    1-3  uncompensated health care and health screening services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 85 to read as follows:
    1-7                CHAPTER 85.  UNCOMPENSATED HEALTH CARE
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 85.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Direct compensation" means direct payment from a
   1-11  person receiving care or other services or payment or reimbursement
   1-12  on behalf of the person from an insurer, or from Medicare,
   1-13  Medicaid, or another state or federal program for the payment of
   1-14  health care expenses for indigent persons.  The term does not
   1-15  include a grant or donation unless the grant or donation is based
   1-16  on the volume of persons receiving care or services.
   1-17              (2)  "Insurer" means a person writing health insurance,
   1-18  including an insurance company, a group hospital service company,
   1-19  and a health maintenance organization.
   1-20                  SUBCHAPTER B.  HEALTH CARE PROVIDER
   1-21        Sec. 85.011.  DEFINITION.  In this subchapter, "health care
   1-22  provider" means a person that provides health care under a license
   1-23  issued by this state, including a person that is licensed to
   1-24  practice medicine under the Medical Practice Act (Article 4495b,
    2-1  Vernon's Texas Civil Statutes) and a general or special hospital
    2-2  licensed under Chapter 241, Health and Safety Code.
    2-3        Sec. 85.012.  MALPRACTICE LIABILITY.  (a)  A health care
    2-4  provider that provides health care to a patient without receiving
    2-5  direct compensation for providing the care is not liable for
    2-6  personal injury to or death of the patient arising from the
    2-7  provision of the care if the patient has signed a written statement
    2-8  under Section 85.013.
    2-9        (b)  This section does not apply to an intentional act or an
   2-10  act of gross negligence.
   2-11        Sec. 85.013.  WAIVER BY PATIENT.  (a)  Section 85.012 applies
   2-12  only if, before the provision of health care to the patient, the
   2-13  patient signs a written statement that:
   2-14              (1)  acknowledges that the health care provider is
   2-15  providing health care without direct compensation; and
   2-16              (2)  waives the right to recover damages to the extent
   2-17  described by Section 85.012 in exchange for receiving the
   2-18  uncompensated health care.
   2-19        (b)  If the patient is a minor, the written statement must be
   2-20  signed by the parent, managing conservator, or legal guardian of
   2-21  the patient.
   2-22                SUBCHAPTER C.  HEALTH SCREENING CLINIC
   2-23        Sec. 85.021.  DEFINITION.  In this subchapter, "health
   2-24  screening clinic" means a person that sponsors, promotes, or
   2-25  organizes a preventive health screening clinic or provides a health
   2-26  screening service to check blood pressure, cholesterol levels, or
   2-27  other preventive health indicators.
    3-1        Sec. 85.022.  LIABILITY FOR UNCOMPENSATED HEALTH SCREENING.
    3-2  (a)  A health screening clinic that provides health screening
    3-3  services to a person without receiving direct compensation for
    3-4  providing the services is not liable for personal injury to or
    3-5  death of the person arising from the provision of the services if
    3-6  the health screening clinic has complied with Section 85.023.
    3-7        (b)  This section does not apply to an intentional act or an
    3-8  act of gross negligence.
    3-9        Sec. 85.023.  NOTICE POSTED.  (a)  Section 85.022 applies
   3-10  only if the health screening clinic posts a notice that states that
   3-11  the health screening clinic is not liable for damages to the extent
   3-12  described by Section 85.022.
   3-13        (b)  The notice required by Subsection (a) must be posted in
   3-14  a conspicuous place at or near the place at which the health
   3-15  screening services are provided.
   3-16        SECTION 2.  This Act applies only to a cause of action that
   3-17  accrues on or after the effective date of this Act.  A cause of
   3-18  action that accrues before the effective date of this Act is
   3-19  governed by the law in effect at the time the cause of action
   3-20  accrued, and that law is continued in effect for that purpose.
   3-21        SECTION 3.  The importance of this legislation and the
   3-22  crowded condition of the calendars in both houses create an
   3-23  emergency and an imperative public necessity that the
   3-24  constitutional rule requiring bills to be read on three several
   3-25  days in each house be suspended, and this rule is hereby suspended,
   3-26  and that this Act take effect and be in force from and after its
   3-27  passage, and it is so enacted.