By: Dean H.B. No. 1491
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the liability of a rural or community hospital for a
  health care liability claim.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 74.001, Civil Practice and Remedies
  Code, is amended by adding Subdivision (26) to read as follows:
               (26)  "Rural or community hospital" means a hospital
  that:
                     (A)  is located in a county with a population of
  60,000 or less;
                     (B)  is designated by the Centers for Medicare and
  Medicaid Services as a critical access hospital, sole community
  hospital, or rural referral center and is not located in an area
  defined by the United States Office of Management and Budget as a
  metropolitan statistical area; or
                     (C)  meets all of the following criteria:
                           (i)  has 100 or fewer beds;
                           (ii)  is designated by the Centers for
  Medicare and Medicaid Services as a critical access hospital, sole
  community hospital, or rural referral center; and
                           (iii)  is located in an area defined by the
  United States Office of Management and Budget as a metropolitan
  statistical area.
         SECTION 2.  Section 74.301, Civil Practice and Remedies
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  Notwithstanding the other provisions of this section,
  in an action on a health care liability claim where final judgment
  is rendered against a rural or community hospital, the limit of
  civil liability for noneconomic damages of the hospital, inclusive
  of all persons and entities for which vicarious liability theories
  may apply, is limited to an amount not to exceed $100,000,
  regardless of the number of defendants against whom the claim is
  asserted or the number of separate causes of action on which the
  claim is based.
         SECTION 3.  Section 74.302(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In the event that Section 74.301 is stricken from this
  subchapter or is otherwise to any extent invalidated by a method
  other than through legislative means, the following, subject to the
  provisions of this section, shall become effective:
               (1)  In an action on a health care liability claim where
  final judgment is rendered against a physician or health care
  provider other than a health care institution, the limit of civil
  liability for noneconomic damages of the physician or health care
  provider other than a health care institution, inclusive of all
  persons and entities for which vicarious liability theories may
  apply, shall be limited to an amount not to exceed $250,000 for each
  claimant, regardless of the number of defendant physicians or
  health care providers other than a health care institution against
  whom the claim is asserted or the number of separate causes of
  action on which the claim is based.
               (2)  In an action on a health care liability claim where
  final judgment is rendered against a single health care
  institution, the limit of civil liability for noneconomic damages
  inclusive of all persons and entities for which vicarious liability
  theories may apply, shall be limited to an amount not to exceed
  $250,000 for each claimant.
               (3)  In an action on a health care liability claim where
  final judgment is rendered against more than one health care
  institution, the limit of civil liability for noneconomic damages
  for each health care institution, inclusive of all persons and
  entities for which vicarious liability theories may apply, shall be
  limited to an amount not to exceed $250,000 for each claimant and
  the limit of civil liability for noneconomic damages for all health
  care institutions, inclusive of all persons and entities for which
  vicarious liability theories may apply, shall be limited to an
  amount not to exceed $500,000 for each claimant.
               (4)  Notwithstanding Subdivisions (1), (2), and (3), in
  an action on a health care liability claim where final judgment is
  rendered against a rural or community hospital, the limit of civil
  liability for noneconomic damages of the hospital, inclusive of all
  persons and entities for which vicarious liability theories may
  apply, is limited to an amount not to exceed $100,000, regardless of
  the number of defendants against whom the claim is asserted or the
  number of separate causes of action on which the claim is based.
         SECTION 4.  Section 74.303, Civil Practice and Remedies
  Code, is amended by amending Subsections (a) and (c) and adding
  Subsection (a-1) to read as follows:
         (a)  Except as provided by Subsection (a-1), in [In] a
  wrongful death or survival action on a health care liability claim
  where final judgment is rendered against a physician or health care
  provider, the limit of civil liability for all damages, including
  exemplary damages, shall be limited to an amount not to exceed
  $500,000 for each claimant, regardless of the number of defendant
  physicians or health care providers against whom the claim is
  asserted or the number of separate causes of action on which the
  claim is based.
         (a-1)  In a wrongful death or survival action on a health
  care liability claim where final judgment is rendered against a
  rural or community hospital, the limit of civil liability for all
  damages, including exemplary damages, shall be limited to an amount
  not to exceed $100,000, regardless of the number of defendant
  physicians or health care providers against whom the claim is
  asserted or the number of separate causes of action on which the
  claim is based.
         (c)  Subsection (a) or (a-1) does not apply to the amount of
  damages awarded on a health care liability claim for the expenses of
  necessary medical, hospital, and custodial care received before
  judgment or required in the future for treatment of the injury.
         SECTION 5.  Subchapter G, Chapter 74, Civil Practice and
  Remedies Code, as amended by this Act, applies only to a cause of
  action that accrues on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2021.