Texas House Bill HB3101

Texas 2009 - 81st Regular

Caption

Relating to the deceptive trade practice of charging for certain preventable adverse health care events.

Impact

The impact of HB 3101 extends to state laws concerning health care liability claims. The bill stipulates that claims related to preventable adverse health care events are not categorized as health care liability claims subject to Chapter 74 of the Civil Practice and Remedies Code. Consequently, plaintiffs will not need to demonstrate reliance on the preventable event to claim relief. This change could potentially alter the landscape of medical malpractice cases in Texas, providing consumers with more grounds to seek legal recourse for negligent practices without engaging in the stringent standards typically applied to health care liability claims.

Summary

House Bill 3101 aims to address deceptive trade practices by prohibiting health care providers from charging for certain preventable adverse health care events. The proposed legislation amends the Business & Commerce Code, specifically in Section 17.46, broadening the definition of deceptive acts to include actions resulting in preventable adverse health care events. This includes severe consequences such as performing surgery on the wrong body part or patient, or the unintended retention of foreign objects after surgical procedures. By categorizing these acts as deceptive practices, the bill seeks to enhance consumer protection within the healthcare sector.

Contention

While proponents of HB 3101 argue it fortifies consumer rights and accountability in the healthcare industry, critics may see it as an overreach that could lead to increased litigation against healthcare providers. Opponents may express concerns about making it easier for consumers to bring lawsuits against even minor procedural mistakes that do not result in serious harm. Balancing the need for consumer protection with the potential repercussions for healthcare providers is likely to be a focal point of debate as the bill progresses through the legislative process.