SRC-MSY S.B. 561 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 561
78R1311 DAK-DBy: Shapleigh
State Affairs
3/10/2003
As Filed


DIGEST AND PURPOSE 

Under current law, the state does not indemnify physicians who provide
health care services for lowincome families covered by Medicaid or the
Children's Health Insurance Program (CHIP).  As proposed, in an attempt to
lower malpractice insurance rates for physicians who provide services to
low-income families, S.B. 561 adds medical malpractice claims by Medicaid
and CHIP patients to the list of incidents for which the state will
provide certain indemnification. 

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 Section 104.001, Civil Practice and Remedies Code, to
add a physician licensed in this state who is providing health care
service to a patient as part of a certain medical assistance program or a
certain state child health plan to the list of persons who the state shall
indemnify in a cause of action based on conduct described in Section
104.002.  Creates Subdivision (8) from existing text. 

SECTION 2.  Amends the heading of Chapter 104, Civil Practice and Remedies
Code, to read as follows: 

CHAPTER 104.  STATE LIABILITY FOR CONDUCT OF CERTAIN PERSONS

SECTION 3.   Effective date:  September 1, 2003.
Makes application of this Act prospective.