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Floor Packet Page No. 332
Amend CSHB 4, ARTICLE 10 as follows:
On page 82, line 3 through page 86, line 13, strike SECTION
10.28 and substitute a new SECTION 10.28 to read as follows:
SECTION 10.28. (a) The Legislature of the State of Texas
finds that:
(1) the number of health care liability claims
(frequency) has increased since 1997 at a rate of 4.6% per year;
(2) Medical negligence in Texas is a contributing
factor affecting medical professional liability rates;
(3) the amounts being paid out by insurers in
judgments, settlements, and defense costs (severity) have
increased at a rate of 5.9% per year since 1997;
(4) some medical negligence insurance carriers have
raised premiums more than 100%;
(5) the situation has created a medical malpractice
insurance crisis in Texas;
(6) this crisis has had a substantial impact on the
physicians and hospitals of Texas and the cost to physicians and
hospitals for adequate medical malpractice insurance has
dramatically risen in price;
(7) satisfactory insurance coverage for adequate
amounts of insurance in this area is often available at an
unaffordable price; and
(8) the adoption of certain modifications in the
medical, insurance, and legal systems, the total effect of which is
currently undetermined, will have an unknown effect on the rates
charged by insurers for medical professional liability insurance.
(b) Because of the conditions stated in Subsection (a) of
this section, it is the purpose of this article to improve and
modify the system by which health care liability claims are
determined in order to:
(1) reduce excessive frequency and severity of health
care liability claims through reasonable improvements and
modifications in the Texas insurance, tort, and medical practice
systems;
(2) decrease the cost of those claims and ensure that
awards are rationally related to actual damages;
(3) make available to physicians, hospitals, and other
health care providers protection against potential liability
through the insurance mechanism at reasonably affordable rates;
(4) reduce the time required for plaintiffs to obtain
awards; and
(5) reduce or eliminate the incentive for physicians
and other health care providers to go without insurance.