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.