1-1 By: Smithee (Senate Sponsor - Shapiro) H.B. No. 1170
1-2 (In the Senate - Received from the House April 17, 1997;
1-3 April 18, 1997, read first time and referred to Committee on
1-4 Economic Development; May 8, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 8, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1170 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain nursing homes for purposes of professional
1-11 liability insurance coverage.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 8, Article 5.15-1, Insurance Code, is
1-14 amended to read as follows:
1-15 Sec. 8. Punitive damages under medical professional
1-16 liability insurance. No policy of medical professional liability
1-17 insurance issued to or renewed for a health care provider or
1-18 physician in this state may include coverage for punitive damages
1-19 that may be assessed against the health care provider or physician;
1-20 provided, however, that the commissioner [board] may approve an
1-21 endorsement form that provides for coverage for punitive damages to
1-22 be used on a policy of medical professional liability insurance
1-23 issued to a hospital, as the term "hospital" is defined in this
1-24 article, or to a not-for-profit nursing home.
1-25 SECTION 2. This Act takes effect September 1, 1997, and
1-26 applies only to an insurance policy that is delivered, issued for
1-27 delivery, or renewed on or after January 1, 1998. A policy that is
1-28 delivered, issued for delivery, or renewed before January 1, 1998,
1-29 is governed by the law as it existed immediately before the
1-30 effective date of this Act, and that law is continued in effect for
1-31 that purpose.
1-32 SECTION 3. The importance of this legislation and the
1-33 crowded condition of the calendars in both houses create an
1-34 emergency and an imperative public necessity that the
1-35 constitutional rule requiring bills to be read on three several
1-36 days in each house be suspended, and this rule is hereby suspended.
1-37 * * * * *