78S30849 DLF-D
By: Goolsby H.B. No. 84
A BILL TO BE ENTITLED
AN ACT
relating to medical liability insurance for certain retired
physicians acting as volunteer health care providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 21.49-3, Insurance Code, is amended by
adding Section 3C to read as follows:
Sec. 3C. COVERAGE FOR RETIRED PHYSICIANS ACTING AS
VOLUNTEER HEALTH CARE PROVIDERS. (a) In this section:
(1) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(2) "Retired physician" has the meaning described by
Section 84.003(5)(B), Civil Practice and Remedies Code.
(3) "Volunteer health care provider" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(b) The association shall make available medical liability
insurance covering a retired physician for the legal liability of
the physician against any loss, damage, or expense incident to a
claim arising out of the death or injury of any person as the result
of negligence in rendering or the failure to render professional
service while acting in the course and scope of the physician's
duties as a volunteer health care provider as described by Chapter
84, Civil Practice and Remedies Code.
(c) A retired physician who, as a volunteer health care
provider, is serving as a direct service volunteer of a charitable
organization is eligible to obtain from the association the medical
liability insurance made available under this section. A retired
physician who obtains coverage under this section is subject to
Section 4A of this article and the other provisions of this article
in the same manner as other physicians who are eligible to obtain
medical liability insurance from the association.
(d) This section does not affect the liability of a retired
physician who, as a volunteer health care provider, is serving as a
direct service volunteer of a charitable organization. Section
84.004(c), Civil Practice and Remedies Code, applies to the retired
physician without regard to whether the physician obtains medical
liability insurance under this section.
SECTION 2. The joint underwriting association established
under Article 21.49-3, Insurance Code, is not required to make
medical liability insurance available in accordance with Section
3C, Article 21.49-3, Insurance Code, as added by this Act, before
the 181st day after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.