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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical authorization accompanying written notice |
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of a health care liability claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.051(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) Notwithstanding the inadequacy of a medical |
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authorization provided under Section 74.052, notice [Notice] given |
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as provided in this chapter shall toll the applicable statute of |
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limitations to and including a period of 75 days following the |
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giving of the notice, and this tolling shall apply to all parties |
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and potential parties. |
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SECTION 2. Section 74.052(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Notice of a health care claim under Section 74.051 must |
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be accompanied by a signed and completed medical authorization in |
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the form specified by this section. Failure to provide this |
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authorization along with the notice of health care claim shall |
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abate all further proceedings against the physician or health care |
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provider receiving the notice until 60 days following receipt by |
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the physician or health care provider of the required |
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authorization. |
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SECTION 3. The changes in law made by this Act apply only to |
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a written notice provided on or after the effective on or after the |
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effective date of this Act. A written notice provided before the |
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effective date of this Act is governed by the law in effect on the |
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date the written notice is provided, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |