HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Darcie R. Barclay alleges that:
1-2 (1) Darcie R. Barclay suffered from degenerative bone
1-3 disease of the temporomandibular joint caused by a medical grade of
1-4 implant/joint prosthesis subsequently recalled by the Food and Drug
1-5 Administration and needed specialized surgery to alleviate pain and
1-6 inability to function;
1-7 (2) Darcie R. Barclay was insured under The University
1-8 of Texas System Employee Health Plan, for which The University of
1-9 Texas Medical Branch was the insurer and NYLCare Health Plans of
1-10 the Gulf Coast, Inc., was the adjusting arm;
1-11 (3) on a number of separate occasions, Darcie R.
1-12 Barclay was assured by representatives of The University of Texas
1-13 Medical Branch and NYLCare Health Plans of the Gulf Coast, Inc.,
1-14 that the needed surgery was covered by The University of Texas
1-15 System Employee Health Plan only to be subsequently informed on
1-16 each occasion that Darcie R. Barclay was in fact not covered, a
1-17 different reason for denial of coverage being given on each
1-18 occasion;
1-19 (4) Darcie R. Barclay was forced on each occasion to
1-20 employ legal counsel to demand that The University of Texas Medical
1-21 Branch, The University of Texas System, and Texas Gulf Coast HMO,
1-22 Inc., d/b/a HMOBlue Texas, f/k/a NYLCare Health Plans of the Gulf
1-23 Coast, Inc., honor their promises, representations, and agreements;
1-24 (5) The University of Texas Medical Branch, The
2-1 University of Texas System, and Texas Gulf Coast HMO, Inc., d/b/a
2-2 HMOBlue Texas, f/k/a NYLCare Health Plans of the Gulf Coast, Inc.,
2-3 violated Articles 21.21 and 21.21-2, Insurance Code, and the
2-4 Deceptive Trade Practices-Consumer Protection Act (Section 17.41 et
2-5 seq., Business & Commerce Code);
2-6 (6) the assurances and subsequent denials of coverage
2-7 resulted in postponement of corrective surgery and denial of
2-8 treatment by health care providers for Darcie R. Barclay's
2-9 postsurgical pain and complications, and ultimately resulted in
2-10 loss of employment; and
2-11 (7) Darcie R. Barclay's damages include loss of
2-12 salary, pain and suffering, mental anguish, unpaid benefits, travel
2-13 and hotel expenses, and attorney's fees; now, therefore, be it
2-14 RESOLVED by the Legislature of the State of Texas, That
2-15 Darcie R. Barclay is granted permission to sue the State of Texas,
2-16 The University of Texas Medical Branch, and The University of Texas
2-17 System subject to Chapter 107, Civil Practice and Remedies Code;
2-18 and, be it further
2-19 RESOLVED, That the total of all damages awarded in the suit
2-20 authorized by this resolution, including any court costs,
2-21 attorney's fees, and prejudgment interest awarded under law, may
2-22 not exceed $650,000, and that Darcie R. Barclay may not plead an
2-23 amount in excess of that amount in a suit authorized by this
2-24 resolution; and, be it further
2-25 RESOLVED, That the chairman of the board of regents of The
2-26 University of Texas System be served process for The University of
2-27 Texas Medical Branch and the chancellor of The University of Texas
3-1 System be served process as provided by Section 107.002(a)(3),
3-2 Civil Practice and Remedies Code.
Nixon
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 206 was adopted by the House on May
23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.C.R. No. 206 was adopted by the Senate on
May 27, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor