By: Sheets, Krause (Senate Sponsor - Watson) H.B. No. 658
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on State
Affairs; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 658 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to certain lawsuits seeking damages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
amended by adding Section 41.014 to read as follows:
Sec. 41.014. INTEREST ON DAMAGES SUBJECT TO MEDICARE
SUBROGATION. (a) Subject to this section, postjudgment interest
does not accrue on the unpaid balance of an award of damages to a
plaintiff attributable to any portion of the award to which the
United States has a subrogation right under 42 U.S.C. Section
1395y(b)(2)(B) before the defendant receives a recovery demand
letter issued by the Centers for Medicare and Medicaid Services or a
designated contractor under 42 C.F.R. Section 411.22.
(b) Postjudgment interest under this section does not
accrue if the defendant pays the unpaid balance before the 31st day
after the date the defendant receives the recovery demand letter.
(c) If the defendant appeals the award of damages, this
section does not apply.
(d) This section does not prevent the accrual of
postjudgment interest on any portion of an award to which the United
States does not have a subrogation right under 42 U.S.C. Section
1395y(b)(2)(B).
SECTION 2. Section 74.351(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) In a health care liability claim, a claimant shall, not
later than the 120th day after the date each defendant's [the]
original answer is [petition was] filed, serve on that [each] party
or the party's attorney one or more expert reports, with a
curriculum vitae of each expert listed in the report for each
physician or health care provider against whom a liability claim is
asserted. The date for serving the report may be extended by
written agreement of the affected parties. Each defendant
physician or health care provider whose conduct is implicated in a
report must file and serve any objection to the sufficiency of the
report not later than the later of the 21st day after the date the
report is [it was] served or the 21st day after the date the
defendant's answer is filed, failing which all objections are
waived.
SECTION 3. (a) Section 41.014, Civil Practice and Remedies
Code, as added by this Act, applies only to an award of damages made
on or after the effective date of this Act. An award of damages made
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
(b) Section 74.351(a), Civil Practice and Remedies Code, as
amended by this Act, applies only to an action commenced on or after
the effective date of this Act. An action commenced before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2013.
* * * * *