| |
| |
| |
|
|
AN ACT
|
|
|
relating to certain lawsuits seeking damages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 41, Civil Practice and Remedies Code, is |
|
|
amended by adding Section 41.014 to read as follows: |
|
|
Sec. 41.014. INTEREST ON DAMAGES SUBJECT TO MEDICARE |
|
|
SUBROGATION. (a) Subject to this section, postjudgment interest |
|
|
does not accrue on the unpaid balance of an award of damages to a |
|
|
plaintiff attributable to any portion of the award to which the |
|
|
United States has a subrogation right under 42 U.S.C. Section |
|
|
1395y(b)(2)(B) before the defendant receives a recovery demand |
|
|
letter issued by the Centers for Medicare and Medicaid Services or a |
|
|
designated contractor under 42 C.F.R. Section 411.22. |
|
|
(b) Postjudgment interest under this section does not |
|
|
accrue if the defendant pays the unpaid balance before the 31st day |
|
|
after the date the defendant receives the recovery demand letter. |
|
|
(c) If the defendant appeals the award of damages, this |
|
|
section does not apply. |
|
|
(d) This section does not prevent the accrual of |
|
|
postjudgment interest on any portion of an award to which the United |
|
|
States does not have a subrogation right under 42 U.S.C. Section |
|
|
1395y(b)(2)(B). |
|
|
SECTION 2. Section 74.351(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) In a health care liability claim, a claimant shall, not |
|
|
later than the 120th day after the date each defendant's [the] |
|
|
original answer is [petition was] filed, serve on that [each] party |
|
|
or the party's attorney one or more expert reports, with a |
|
|
curriculum vitae of each expert listed in the report for each |
|
|
physician or health care provider against whom a liability claim is |
|
|
asserted. The date for serving the report may be extended by |
|
|
written agreement of the affected parties. Each defendant |
|
|
physician or health care provider whose conduct is implicated in a |
|
|
report must file and serve any objection to the sufficiency of the |
|
|
report not later than the later of the 21st day after the date the |
|
|
report is [it was] served or the 21st day after the date the |
|
|
defendant's answer is filed, failing which all objections are |
|
|
waived. |
|
|
SECTION 3. (a) Section 41.014, Civil Practice and Remedies |
|
|
Code, as added by this Act, applies only to an award of damages made |
|
|
on or after the effective date of this Act. An award of damages made |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect immediately before that date, and that law is continued in |
|
|
effect for that purpose. |
|
|
(b) Section 74.351(a), Civil Practice and Remedies Code, as |
|
|
amended by this Act, applies only to an action commenced on or after |
|
|
the effective date of this Act. An action commenced before the |
|
|
effective date of this Act is governed by the law in effect |
|
|
immediately before that date, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 658 was passed by the House on May 3, |
|
|
2013, by the following vote: Yeas 141, Nays 1, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 658 on May 24, 2013, by the following vote: Yeas 144, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 658 was passed by the Senate, with |
|
|
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |