Texas 2019 - 86th Regular

Texas House Bill HB1592 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1592
	1	+	By: Smithee (Senate Sponsor - West) H.B. No. 1592
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on Higher
	4	+	Education; May 10, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 10, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to health care professional liability coverage for certain
6	12		public institutions of higher education.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Chapter 59, Education Code, is
9	15		amended to read as follows:
10	16		CHAPTER 59. HEALTH CARE PROFESSIONAL [MEDICAL] MALPRACTICE
11	17		COVERAGE FOR CERTAIN INSTITUTIONS
12	18		SECTION 2. The heading to Subchapter A, Chapter 59,
13	19		Education Code, is amended to read as follows:
14	20		SUBCHAPTER A. HEALTH CARE [MEDICAL] PROFESSIONAL LIABILITY
15	21		SECTION 3. Sections 59.01(1), (2), (3), and (4), Education
16	22		Code, are amended to read as follows:
17	23		(1) "Health care professional [Medical] staff members
18	24		or students" means:
19	25		(A) physicians [medical doctors, doctors of
20	26		osteopathy], dentists, veterinarians, [and] podiatrists, physician
21	27		assistants, nurses, pharmacists, and other health care providers
22	28		who:
23	29		(i) are appointed to the faculty or
24	30		[professional medical staff] employed [for student health
25	31		services] by or volunteer for The University of Texas System, The
26	32		Texas A&M University System, the Texas Tech University System, the
27	33		Texas State University System, the University of Houston System,
28	34		Stephen F. Austin State University, or the University of North
29	35		Texas System; and
30	36		(ii) either:
31	37		(a) are appointed or employed on a
32	38		full-time basis; [Health Science Center at Fort Worth, either full
33	39		time] or
34	40		(b) are appointed or volunteer on a
35	41		part-time basis and who[, although appointed less than full time
36	42		(including volunteers), either] devote their total professional
37	43		service to providing health services [such appointment] or provide
38	44		services to patients by assignment from the department chairman;
39	45		and
40	46		(B) interns, residents, fellows, [and] medical
41	47		students, [or] dental students, veterinary students, [and]
42	48		students of osteopathic medicine, nursing students, pharmacy
43	49		students, and students of any other health care profession that
44	50		requires a license, certificate, or other authorization under Title
45	51		3, Occupations Code, [osteopathy] participating in a patient-care
46	52		program in The University of Texas System, The Texas A&M University
47	53		System, the Texas Tech University System, the Texas State
48	54		University System, the University of Houston System, Stephen F.
49	55		Austin State University, or the University of North Texas System
50	56		[Health Science Center at Fort Worth].
51	57		(2) "Health care liability [Medical malpractice]
52	58		claim" means a cause of action against a physician or health care
53	59		professional for treatment, lack of treatment, or other claimed
54	60		departure from accepted standards of medical care, health care, or
55	61		veterinary care, or safety or professional or administrative
56	62		services directly related to health care, which proximately results
57	63		in injury to or death of a [the] patient, whether the [patient's]
58	64		claim or cause of action [or the executor's claim or cause of action
59	65		under Section 71.021, Civil Practice and Remedies Code,] sounds in
60	66		tort or contract.
61	67		(3) "Board" means the board of regents of The
62	68		University of Texas System, the board of regents of The Texas A&M
63	69		University System, the board of regents of the Texas Tech
64	70		University System, the board of regents of the Texas State
65	71		University System, the board of regents of the University of
66	72		Houston System, the board of regents of Stephen F. Austin State
67	73		University, or the board of regents of the University of North Texas
68	74		System.
69	75		(4) "Fund" means the health care [medical]
70	76		professional liability fund.
71	77		SECTION 4. Sections 59.02, 59.04, 59.05, and 59.06,
72	78		Education Code, are amended to read as follows:
73	79		Sec. 59.02. HEALTH CARE [MEDICAL] PROFESSIONAL LIABILITY
74	80		FUND. (a) Each board may establish a separate self-insurance fund
75	81		to pay any damages adjudged in a court of competent jurisdiction or
76	82		a settlement of any health care liability [medical malpractice]
77	83		claim against a health care professional [member of the medical]
78	84		staff member or student [students] arising from the exercise of the
79	85		member's or student's [his] appointment, duties, or training with
80	86		The University of Texas System, The Texas A&M University System,
81	87		the Texas Tech University System, the Texas State University
82	88		System, the University of Houston System, Stephen F. Austin State
83	89		University, or the University of North Texas System [Health Science
84	90		Center at Fort Worth].
85	91		(b) The boards may pay from the funds all expenses incurred
86	92		in the investigation, settlement, defense, or payment of claims
87	93		described above on behalf of the health care professional [medical]
88	94		staff members or students.
89	95		(c) On the establishment of each fund, transfers to the fund
90	96		shall be made in an amount and at such intervals as determined by
91	97		the board. Each board may receive and accept any gifts or donations
92	98		specified for the purposes of this subchapter and deposit those
93	99		gifts or donations into the fund. Each board may invest money
94	100		deposited in the fund, and any income received shall be retained in
95	101		the fund. The money shall be deposited in any of the approved
96	102		depository banks of The University of Texas System, The Texas A&M
97	103		University System, the Texas Tech University System, the Texas
98	104		State University System, the University of Houston System, Stephen
99	105		F. Austin State University, or the University of North Texas System
100	106		[Health Science Center at Fort Worth]. All expenditures from the
101	107		funds shall be paid pursuant to approval by the boards.
102	108		Sec. 59.04. PURCHASE OF INSURANCE. Each board may purchase
103	109		health care liability [medical malpractice] insurance from an
104	110		insurance company authorized to engage in the [do] business of
105	111		insurance in this state as it considers necessary to carry out the
106	112		purpose of this subchapter.
107	113		Sec. 59.05. LEGAL COUNSEL. Each board may employ private
108	114		legal counsel to represent the health care professional [medical]
109	115		staff members or [and] students covered by this subchapter under
110	116		the rules of the board.
111	117		Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
112	118		appropriated by the legislature to The University of Texas System,
113	119		The Texas A&M University System, [either system, to] the Texas Tech
114	120		University System [Health Sciences Center, to the Texas Tech
115	121		University Health Sciences Center at El Paso], the Texas State
116	122		University System, the University of Houston System, Stephen F.
117	123		Austin State University, or [to] the University of North Texas
118	124		System [Health Science Center at Fort Worth] from the General
119	125		Revenue Fund may not be used to establish or maintain the fund, to
120	126		purchase insurance, or to employ private legal counsel.
121	127		SECTION 5. Sections 59.08(a) and (e), Education Code, are
122	128		amended to read as follows:
123	129		(a) The state shall indemnify a health care professional
124	130		[member of the medical] staff member or [a] student for damages paid
125	131		as required by a judgment on or settlement of a health care
126	132		liability [medical malpractice] claim arising out of the provision
127	133		of charitable care or services.
128	134		(e) The attorney general is entitled to approve any
129	135		settlement of the portion of a health care liability [medical
130	136		malpractice] claim that may result in the state being liable for
131	137		indemnification of the defendant under this section. If the
132	138		attorney general does not approve a settlement, the state is not
133	139		liable for indemnification of the defendant under this section. The
134	140		attorney general shall base the determination on the best interests
135	141		of the defendant.
136	142		SECTION 6. Section 59.08, Education Code, as amended by
137	143		this Act, applies only to a cause of action that accrues on or after
138	144		the effective date of this Act. A cause of action that accrued
139	145		before the effective date of this Act is governed by the law as it
140	146		existed immediately before the effective date of this Act, and that
141	147		law is continued in effect for that purpose.
142	148		SECTION 7. This Act takes effect September 1, 2019.
143		-	______________________________ ______________________________
144		-	President of the Senate Speaker of the House
145		-	I certify that H.B. No. 1592 was passed by the House on April
146		-	10, 2019, by the following vote: Yeas 145, Nays 1, 1 present, not
147		-	voting.
148		-	______________________________
149		-	Chief Clerk of the House
150		-	I certify that H.B. No. 1592 was passed by the Senate on May
151		-	14, 2019, by the following vote: Yeas 31, Nays 0.
152		-	______________________________
153		-	Secretary of the Senate
154		-	APPROVED: _____________________
155		-	Date
156		-	_____________________
157		-	Governor
	149	+	* * * * *