By Smithee H.B. No. 1170
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain nursing homes for purposes of professional
1-3 liability insurance coverage.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8, Article 5.15-1, Insurance Code, is
1-6 amended to read as follows:
1-7 Sec. 8. Punitive damages under medical professional
1-8 liability insurance. No policy of medical professional liability
1-9 insurance issued to or renewed for a health care provider or
1-10 physician in this state may include coverage for punitive damages
1-11 that may be assessed against the health care provider or physician;
1-12 provided, however, that the commissioner [board] may approve an
1-13 endorsement form that provides for coverage for punitive damages to
1-14 be used on a policy of medical professional liability insurance
1-15 issued to a hospital, as the term "hospital" is defined in this
1-16 article, to a not-for-profit nursing home, or to a for-profit
1-17 nursing home with a Medicaid census greater than 30 percent of the
1-18 home's total census.
1-19 SECTION 2. This Act takes effect September 1, 1997, and
1-20 applies only to an insurance policy that is delivered, issued for
1-21 delivery, or renewed on or after January 1, 1998. A policy that is
1-22 delivered, issued for delivery, or renewed before January 1, 1998,
1-23 is governed by the law as it existed immediately before the
1-24 effective date of this Act, and that law is continued in effect for
2-1 that purpose.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.