SRC-TJG, LBB S.B. 198 78(R)   
BILL ANALYSIS


Senate Research Center   S.B. 198
78R3199 DAK-DBy: Janek
State Affairs
2/26/2003
As filed


DIGEST AND PURPOSE 

Currently, the protections provided by the Charitable Immunity Act are
limited to physicians only.  As proposed, S.B. 198 would grant to other
health care providers at free medical clinics the same protections
physicians receive from the Charitable Immunity Act. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 92, as follows:   

 CHAPTER 92.  LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS AT 
                FREE MEDICAL CLINICS

  Sec.  92.001.  DEFINITION.  Defines "health care provider."

  Sec.  92.002.  APPLICABILITY.  Provides that this chapter applies only
to health  
care provided in a medical clinic that provides free health care to
persons unable to pay for it, does not use general anesthesia, does not
require an overnight stay in a health care facility, and posts an
explanation of the limitation on liability provided by this chapter in a
conspicuous place on its premises. 

  Sec.  92.003.  LIMITATION ON LIABILITY.  Provides circumstances under 
  which a health care provider is not liable in civil damages for an act
performed  
  during the provision of the health care.

Sec.  92.004.  VOLUNTARY CONTRIBUTIONS.  Provides that the liability
limitation applies without regard to whether the medical clinic accepts a
voluntary contribution from a person receiving health care services from
the clinic if the person acknowledges the person's ability to pay and the
contribution is not used to provide a fee or other compensation to a
health care provider. 

  Sec.  92.005.  LIMITATION IN ADDITION TO CHAPTER 84.  Provides that the 
  liability limitation established by this chapter is independent of and
in addition to  
  any liability limitation that may apply under Chapter 84 ( Charitable 
  Immunity and Liability).

SECTION 2.  Effective date:  September 1, 2003
            Makes application of this Act prospective.