Floor Packet Page No. 311                                                   

	
Amend CSHB 4 as follows:                                                     
	On page 72, line 1, strike Subchapter R and insert a new 
Subchapter R to read as follows:
	SUBCHAPTER R.  PAYMENT FOR FUTURE LOSSES                                       
	Sec. 18.01.  Definitions.  In this subchapter:                                 
		(1)  "Future damages" means damages that are incurred 
after the date of judgment for:
			(A)  medical, health care, or custodial care 
services;                     
			(B)  physical pain and mental anguish, 
disfigurement, or physical impairment;
			(C)  loss of consortium, companionship, or 
society;  or                    
			(D)  loss of earnings.                                                       
	Sec. 18.02.  SCOPE OF CHAPTER.  This subchapter applies only 
to an action or a health care liability claim against a physician or 
health care provider in which the award of future damages exceeds 
$1,000,000.
	Sec. 18.03.  COURT ORDER FOR PERIODIC PAYMENTS.  (a)  On the 
motion of a party or on its own motion, the court may, in the 
exercise of its discretion, order that future damages awarded in a 
health care liability judgment be paid in whole or in part in 
periodic payments rather than by a lump-sum payment.  The 
allocation of a future damages award between future periodic 
payments and a lump-sum award shall be made by the court.
	(b)  Before issuing an order, the court shall receive 
evidence to determine how to provide for the payment of future 
damages, including, but not limited to the advantages and 
disadvantages of lump-sum and future payments, the plaintiffs' 
education and sophistication, medical needs, respective investment 
objectives, investment and trading experience and knowledge, 
financial situation, including estimated annual income from all 
sources, estimated net worth (exclusive of family residence), and 
estimated liquid net worth (cash, securities, other), tax status, 
employment status (name of employer, self-employed or retired), 
marital status and number of dependents, and age.  The court shall 
consider the recommendation by a guardian ad litem appointed by the 
court on behalf of a recipient concerning the treatment of the 
future damages award if such guardian ad litem has a Series 7 
securities license issued by the National Association of Securities 
Dealers, or comparable expertise.
	(c)  Any decision rendered by a trial court under this section 
shall not be subject to appeal or liabilities, unless it is shown 
that the court abused it discretion in ordering such periodic 
payment.
	(d)  In the judgment ordering the payment of future damages by 
periodic payments the court shall specifically state:
		(1)  the recipient or beneficiary of the payments;                            
		(2)  the dollar amount of each scheduled payment;                             
		(3)  the commencement date of future payments, the 
interval between payments and the schedule of payments;
		(4)  the number of payments and the term or period of 
time over which payments are to be made; and
		(5)  the rated age or life expectancy of the recipient;                       
		(6)  the cost of the annuity instrument used to purchase 
or fund the obligation to make future payments; and
		(7)  the name of the insurer from which the annuity or 
funding instrument is purchased and the financial rating of the 
annuity issuer.
	Sec. 18.04.  FINANCIAL RESPONSIBILITY.  (a)  As a condition to 
authorizing periodic payments of future damages, the court shall 
require a defendant who is not adequately insured for the duration 
of the term of future payments to provide evidence of financial 
responsibility in an amount adequate to assure full payment of 
damages awarded by the judgment.  A court may order that security, 
in the form of cash or property, be given to guarantee full 
satisfaction of the judgment obligation to make future payments for 
the duration of the term.
	(b)  The judgment must provide sufficient guaranty for future 
payments which must be funded by:
		(1)  an annuity contract issued by a company licensed to 
do business as an insurance company;
		(2)  an obligation of the United States;                                      
		(3)  applicable and collectible liability insurance 
from one or more qualified insurers; or
		(4)  any other satisfactory form of funding approved by 
the court.          
	Sec. 18.05.  DEATH OF RECIPIENT.  (a)  On the death of the 
recipient or beneficiary, money damages awarded for loss of future 
earnings, physical pain and mental anguish, disfigurement, or 
physical impairment shall continue to be paid, in full, for the 
duration of the term for future payments to the estate of the 
recipient or beneficiary of the award without reduction or 
discount.
	(b)  If the recipient dies before all payments required by the 
judgment for future medical care are paid, the court may modify the 
judgment to terminate payment of unpaid portion of the periodic 
payments for future medical care.
	(c)  If the court terminates the obligation to make future 
payments for medical care under this section, the court shall 
require the defendant to pay the estate of the recipient of 
beneficiary a lump-sum amount equal to the present value of the 
benefit realized by the defendant due to the termination of the 
future payment obligation.
	Sec. 18.06.  AWARD OF ATTORNEYS FEES.  For purposes of 
computing the attorney's fees when the plaintiff is awarded a 
judgment that will be paid in periodic payments pursuant to this 
section, attorney's fees shall be calculated on the amount awarded 
for all future damages and shall be paid at the time the judgment is 
entered.  The court shall ensure that sufficient lump-sum funds are 
allocated in the judgment to pay attorney's fees and litigation 
costs at the time the judgment is entered.
	Sec. 18.07.  EXECUTION.  In the event a defendant defaults or 
fails to timely make a required future payment, the recipient or 
beneficiary of the judgment or their legal representative shall be 
entitled to pursue full execution of the judgment regardless of 
whether the failure to timely make a required future payment is the 
fault of another and regardless of amounts paid at the time of 
default.