By: Sibley S.B. No. 219
73R2690 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state indemnification for medical malpractice claims
1-3 against certain health care professionals who provide free services
1-4 to patients of a family practice residency training facility.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 110.001(1), Civil Practice and Remedies
1-7 Code, is amended to read as follows:
1-8 (1) "Charity care or services" means care or services
1-9 provided by a health care professional <under>:
1-10 (A) under Chapter 31, 32, 35, or 61, Health and
1-11 Safety Code;
1-12 (B) under the Medicaid program under Chapter 32,
1-13 Human Resources Code;
1-14 (C) under a contract with a migrant, community,
1-15 or homeless health center that receives funds under 42 U.S.C.
1-16 Section 254b, 254c, or 256; <or>
1-17 (D) under Subchapter B, Chapter 311, Health and
1-18 Safety Code, or 42 U.S.C. Section 1395dd, to the extent the
1-19 professional or the hospital in which the care or services are
1-20 provided is not compensated; or
1-21 (E) to a patient of a clinic or other facility
1-22 providing health care in conjunction with an approved family
1-23 practice residency training program established under Subchapter I,
1-24 Chapter 61, Education Code, to the extent the professional is not
2-1 compensated for the services.
2-2 SECTION 2. This Act takes effect September 1, 1993, and
2-3 applies only to a medical malpractice claim that accrues on or
2-4 after that date. A medical malpractice claim that accrued before
2-5 the effective date of this Act is governed by the law in effect at
2-6 the time the action accrued, and that law is continued in effect
2-7 for that purpose.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.