ZEM C.S.H.B. 2480 75(R)BILL ANALYSIS CIVIL PRACTICES C.S.H.B. 2480 By: Averitt 4-24-97 Committee Report (Substituted) BACKGROUND Many rural and urban Texans have difficulties accessing health care. Millions of Texans (including approximately 1.3 children) are uninsured. Neighborhood health clinics, often run by religious groups that are effective at reaching vulnerable and distressed populations, offer costeffective preventative care. However, these clinics usually have long waiting lists due to a shortage of physicians and nurses. Many health care professionals, especially retired ones, are eager to donate free, high-quality care, but are understandably wary of frivolous malpractice claims. Professionals often find it easier to serve people abroad rather than those in their own neighborhoods. The protections found in current Texas law must be strengthened to provide safeguards for professionals who are willing to provide free care. The inaccessibility to health care also impairs Texas' economic and educational health. Children who lack access to care account for many illness-related absences from school. Working Texans lose millions in wages and productivity to care for sick relatives. Taxpayers contribute millions more to fund hospitals and clinics that provide uncompensated care. Incentives aimed at increasing access to health care could help curb these social and financial costs. As other states have done, Texas should expand and clarify the statute to make it clear that a volunteer health care professional who donates his or her expertise should be commended, not threatened with unreasonable lawsuits. Community program staff persons say that their efforts to reach ill and atrisk Texans could be expanded if the Charitable Immunity and Liability Act were broadened and clarified to protect professionals who provide charitable care. PURPOSE C.S.H.B. 2480 provides immunity from liability for health care professionals who provide charitable care. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 84.003, Civil Practices and Remedies Code, by amending Subdivision (2) and adding Subdivision (5) as follows: (2) Includes "volunteer health care provider" in the existing definition of volunteer. (5) Defines "volunteer health care provider." SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code to provide immunity for liability for a volunteer health care service provider for any act or omission resulting in death, damage or injury if the volunteer was acting in good faith, in the course of providing health care, and within the scope of the volunteer's license. Makes conforming changes. SECTION 3. Effective date: September 1, 1997. Applies prospectively; savings clause. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute makes the following changes: 1. The substitute deletes the preamble language found in SECTION 1 of the original bill. 2. The substitute amends sections of the existing Chapter 84 of the Civil Practice and Remedies Code instead of adding a new Chapter 88 to the code. 3. The substitute includes physician assistants, registered nurses, licensed vocational nurses, pharmacists, podiatrists and dentists within the definition of volunteer health care provider. 4. The substitute clarifies that the volunteer health care service provider is immune from liability for any act or omission resulting in death, damage or injury if the volunteer was acting in good faith, in the course of providing health care, and within the scope of the volunteer's license. 5. The substitute deletes provisions in the original bill relating to a waiver by the patient and relating to exceptions.