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.