78R2097 SGA-D

By:  Isett                                                        H.B. No. 971



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a physician or health care provider to 
an individual receiving benefits under Medicaid.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 21, Title 71, Revised Statutes, is 
amended by adding Article 4590k to read as follows:
	Art. 4590k.  LIABILITY OF HEALTH CARE PROVIDERS UNDER 
MEDICAID        
	Sec. 1.  DEFINITIONS.  In this article:                                 
		(1)  "Criminal negligence" means the culpable mental 
state described by Section 6.03(d), Penal Code.
		(2)  "Health care liability claim" has the meaning 
assigned by Section 1.03, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes).
		(3)  "Health care provider" has the meaning assigned by 
Section 1.03, Medical Liability and Insurance Improvement Act of 
Texas (Article 4590i, Vernon's Texas Civil Statutes).
		(4)  "Medicaid" means the medical assistance program 
provided under Chapter 32, Human Resources Code.
		(5)  "Medicaid recipient" means an individual who 
receives benefits under Medicaid.
		(6)  "Physician" means a person licensed to practice 
medicine in this state.
	Sec. 2.  EXEMPTION FROM LIABILITY FOR HEALTH CARE PROVIDERS 
IN CERTAIN CIRCUMSTANCES.  (a) In an action on a health care 
liability claim described by Subsection (b) of this section, a 
physician or health care provider is liable for damages to a 
Medicaid recipient only if, in addition to any other showing 
required by law, the plaintiff proves that the physician or health 
care provider acted with:
		(1)  criminal negligence; or                                           
		(2)  a degree of mental culpability greater than 
criminal negligence under Section 6.03, Penal Code.
	(b)  This section applies only to a claim for damages 
resulting from treatment, lack of treatment, or any other claimed 
departure from accepted standards of medical care or health care or 
safety in connection with services for which the physician or 
health care provider is or would be reimbursed, or for which the 
physician or health care provider would be compensated, partly or 
wholly by  Medicaid.
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrued before the effective date 
of this Act is governed by the law as it existed immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.
	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 September 1, 2003.