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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of expert reports in a health care |
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liability claim for the purposes of certain laws governing those |
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claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.001(a)(13), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(13) "Health care liability claim" means a cause of |
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action against a health care provider or physician for treatment, |
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lack of treatment, or other claimed departure from accepted |
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standards of medical care, or health care, or safety or |
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professional or administrative services directly related to health |
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care, which proximately results in injury to or death of a claimant, |
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whether the claimant's claim or cause of action sounds in tort or |
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contract. The term does not include a cause of action described by |
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Section 406.033(a) or 408.001(b), Labor Code, against an employer |
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by an employee or the employee's surviving spouse or heir. |
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SECTION 2. Section 74.351(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In a health care liability claim, a claimant |
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shall, not later than the 120th day after the date each defendant's |
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original answer if filed, serve on that party or the party's |
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attorney one or more expert reports, with a curriculum vitae of each |
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expert listed in the report for each physician or health care |
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provider against whom a liability claim is asserted. The report |
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shall address at least one theory of direct liability asserted |
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against each physician or health care provider if a direct theory of |
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liability is asserted. The date for serving the report may be |
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extended by written agreement of the affected parties. Each |
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defendant physician or health care provider whose conduct is |
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implicated in a report must file and serve any objection to the |
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sufficiency of the report not later than the later of the 21st day |
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after the date the report is served or the 21st day after the date |
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the defendant's answer is filed, failing which all objections are |
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waived. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |