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.