Texas House Bill HB1353

Texas 2019 - 86th Regular

Caption

Relating to liability of volunteer health care providers and health care institutions for care, assistance, or advice provided in relation to a disaster.

Impact

The impact of HB 1353 on state law involves a significant amendment to the Civil Practice and Remedies Code, specifically adding a new section that defines the conditions under which volunteer health care providers are protected from civil liability. This includes care provided during disasters and ensures that volunteers are not held accountable for actions taken in good faith, barring reckless or intentional misconduct. By doing so, the bill promotes a culture of volunteerism in health-related emergencies, which could enhance community resilience during disasters.

Summary

House Bill 1353 addresses the liability of volunteer health care providers and health care institutions when offering care or assistance during disasters, whether natural or man-made. The bill aims to provide legal protections for volunteers participating in emergency situations by granting them immunity from civil liability for certain acts conducted in their professional capacity. This legislation is particularly important in clarifying legal ambiguities and encouraging more professionals to volunteer their services during crises without the fear of lawsuits stemming from their assistance.

Sentiment

The general sentiment around HB 1353 appears to be supportive among legislators and stakeholders who recognize the need for legal protections for volunteers in health care. Proponents argue that such protections are crucial for encouraging volunteer efforts during emergencies, which can lead to improved public health outcomes. However, there may be concerns regarding the adequacy of the accountability mechanisms in place, and whether the immunity provisions could inadvertently protect negligent behavior among some volunteers.

Contention

Notable points of contention could stem from the potential for this bill to be interpreted in ways that might shield volunteer health care providers from accountability in cases of negligence. While the intent is to foster a spirit of volunteerism, there may be critical voices that argue such immunity must be carefully balanced against the rights of individuals receiving care. The exclusions of recklessness and intentional misconduct are meant to safeguard against misuse of this legislation, but how these terms are defined and applied in practice could lead to ongoing debates regarding the bill's effectiveness.