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78R1940 DAK-D

By:  Nelson                                                       S.B. No. 158



A BILL TO BE ENTITLED

AN ACT

relating to limiting liability of physicians and health care 
providers for charitable care.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter K, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended by adding Section 11.06 to read as follows:
	Sec. 11.06.  LIMITATION ON LIABILITY FOR CHARITABLE 
CARE.  (a)  In an action on a health care liability claim, the 
physician or health care provider, other than a hospital, is not 
liable for damages arising from providing medical care or health 
care and the liability of a hospital is limited to $500,000 if:
		(1)  the physician or health care provider provides the 
care in good faith and without wilful or wanton negligence;
		(2)  the physician or health care provider is providing 
care that is not administered for or in expectation of compensation 
and the physician or health care provider does not receive a fee or 
any other compensation for providing the care; and
		(3)  before the physician or health care provider 
provides the care, the patient or, if the patient is a minor or is 
otherwise legally incompetent, the patient's parent, managing 
conservator, legal guardian, or other person with legal 
responsibility for the care of the patient signs a written 
statement that acknowledges:
			(A)  that the physician or health care provider is 
providing care that is not administered for or in expectation of 
compensation; and
			(B)  the limitations on the recovery of damages 
from the physician or health care provider in exchange for 
receiving the care.
	(b)  Section 11.04 of this subchapter does not apply to this 
section. 
	(c)  The limitation on liability established by this section 
is independent of and in addition to any limitation on liability 
that may apply under Chapter 84, Civil Practice and Remedies Code, 
or any other law.  If more than one ground to limit liability 
exists, the defendant is entitled to assert the limit that provides 
the defendant the greatest protection from liability.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.