77R12893 SKB-D                          
         By Nixon                                             H.C.R. No. 206
         Substitute the following for H.C.R. No. 206:
         By Nixon                                         C.S.H.C.R. No. 206
                             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
 2-1     Coast, Inc., honor their promises, representations, and agreements;
 2-2                 (5)  The University of Texas Medical Branch, The
 2-3     University of Texas System, and Texas Gulf Coast HMO, Inc., d/b/a
 2-4     HMOBlue Texas, f/k/a NYLCare Health Plans of the Gulf Coast, Inc.,
 2-5     violated Articles 21.21 and 21.21-2, Insurance Code, and the
 2-6     Deceptive Trade Practices-Consumer Protection Act (Section 17.41 et
 2-7     seq., Business & Commerce Code);
 2-8                 (6)  the assurances and subsequent denials of coverage
 2-9     resulted in postponement of corrective surgery and denial of
2-10     treatment by health care providers for Darcie R. Barclay's
2-11     postsurgical pain and complications, and ultimately resulted in
2-12     loss of employment; and
2-13                 (7)  Darcie R. Barclay's damages include loss of
2-14     salary, pain and suffering, mental anguish, unpaid benefits, travel
2-15     and hotel expenses, and attorney's fees; now, therefore, be it
2-16           RESOLVED by the Legislature of the State of Texas, That
2-17     Darcie R. Barclay is granted permission to sue the State of Texas,
2-18     The University of Texas Medical Branch, and The University of Texas
2-19     System subject to Chapter 107, Civil Practice and Remedies Code;
2-20     and, be it further
2-21           RESOLVED, That the total of all damages awarded in the suit
2-22     authorized by this resolution, including any court costs,
2-23     attorney's fees, and prejudgment interest awarded under law, may
2-24     not exceed $650,000, and that Darcie R. Barclay may not plead an
2-25     amount in excess of that amount in a suit authorized by this
2-26     resolution; and, be it further
2-27           RESOLVED, That the chairman of the board of regents of The
 3-1     University of Texas System be served process for The University of
 3-2     Texas Medical Branch and the chancellor of The University of Texas
 3-3     System be served process as provided by Section 107.002(a)(3),
 3-4     Civil Practice and Remedies Code.