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A BILL TO BE ENTITLED
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AN ACT
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relating to service of expert reports for health care liability |
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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. Sections 74.351(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) In a health care liability claim, a claimant shall, not |
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later than the 120th day after the date each defendant's original |
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answer is filed or a later date required under Section 74.353, serve |
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on that party or the party's attorney one or more expert reports, |
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with a curriculum vitae of each expert listed in the report for each |
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physician or health care provider against whom a liability claim is |
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asserted. The date for serving the report may be extended by |
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written agreement of the affected parties. Each defendant |
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physician or health care provider whose conduct is implicated in a |
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report must file and serve any objection to the sufficiency of the |
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report not later than the later of the 21st day after the date the |
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report is served or the 21st day after the date the defendant's |
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answer is filed, failing which all objections are waived. |
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(c) If an expert report has not been served within the |
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period specified by Subsection (a) because elements of the report |
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are found deficient, the court may grant one 30-day extension to the |
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claimant in order to cure the deficiency. If the claimant does not |
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receive notice of the court's ruling granting the extension until |
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after the applicable [120-day] deadline has passed, then the 30-day |
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extension shall run from the date the plaintiff first received the |
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notice. |
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SECTION 2. Subchapter H, Chapter 74, Civil Practice and |
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Remedies Code, is amended by adding Section 74.353 to read as |
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follows: |
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Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT |
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REQUIREMENT. (a) On motion of a claimant filed not later than 30 |
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days after the date each defendant's original answer is filed, a |
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court may issue a preliminary determination regarding whether a |
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claim made by the claimant is a health care liability claim for the |
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purposes of Section 74.351. |
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(b) If a court determines under Subsection (a) that a claim |
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is a health care liability claim for purposes of Section 74.351, the |
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claimant shall serve an expert report as required by Section 74.351 |
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not later than the later of: |
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(1) 120 days after the date each defendant's original |
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answer is filed; |
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(2) 60 days after the date the court issues the |
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preliminary determination under Subsection (a); or |
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(3) a date agreed to in writing by the affected |
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parties. |
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(c) A preliminary determination under this section: |
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(1) applies only to the issue of whether a claimant is |
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required to serve an expert report under Section 74.351; and |
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(2) is not subject to interlocutory appeal. |
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SECTION 3. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |