Texas 2021 - 87th Regular

Texas House Bill HB3748

Caption

Relating to liability of health care providers for certain claims arising during a pandemic.

Impact

By enacting HB 3748, Texas seeks to promote public health by enabling healthcare providers to respond more effectively during declared pandemics. The bill modifies the Civil Practice and Remedies Code to provide immunities for healthcare actions related to pandemic diseases, covering areas such as off-label medication use and care provided under stressful conditions. This could lead to a more robust response to public health emergencies as it alleviates certain legal concerns that might typically discourage medical action.

Summary

House Bill 3748 addresses the liability of healthcare providers, including physicians and first responders, during pandemics. Specifically, it establishes legal protections for these individuals against claims that may arise from their actions or inactions while treating patients during a pandemic, such as the COVID-19 outbreak. The bill acknowledges the unique challenges faced by healthcare providers during such crises, including limited resources and increased patient loads, and aims to ensure that fear of litigation does not hinder their ability to provide urgent and necessary care.

Contention

Notably, while this bill is designed to facilitate better healthcare outcomes during a pandemic, it raises concerns about accountability and patient rights. Critics argue that extending legal immunity could result in negligence going unchallenged, potentially compromising patient safety. Moreover, there is apprehension that this blanket immunity for healthcare providers could lead to a decrease in the quality of care offered during such emergencies, as the safeguards designed to protect providers could disincentivize adherence to best medical practices.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4440

Relating to state and local government responses to a pandemic disaster, including the establishment of the Pandemic Disaster Legislative Oversight Committee.

TX HB609

Relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease.

TX SB2471

Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees.

TX SB2171

Relating to the qualifications of experts in certain health care liability claims.

TX SB1583

Relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.

TX HB1791

Relating to the qualifications of experts in certain health care liability claims.

TX SB401

Relating to prices charged by a medical staffing services agency during certain designated public health disaster periods; providing a civil penalty.

TX HB122

Relating to professional liability insurance coverage for and prohibitions on providing to certain children procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; creating a criminal offense.

TX HB41

Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria.

TX HB20

Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

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