| 1 | 1 | | 86R6276 BRG-F |
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| 2 | 2 | | By: Krause H.B. No. 3186 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to service of expert reports in health care liability |
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| 8 | 8 | | claims. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 74.351, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by amending Subsections (a) and (c) and adding |
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| 12 | 12 | | Subsections (a-1) and (a-2) to read as follows: |
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| 13 | 13 | | (a) In a health care liability claim, a claimant shall: |
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| 14 | 14 | | (1) [,] not later than the 120th day after the date |
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| 15 | 15 | | each defendant's original answer is filed, serve on that party or |
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| 16 | 16 | | the party's attorney one or more expert reports, with a curriculum |
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| 17 | 17 | | vitae of each expert listed in the report for each physician or |
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| 18 | 18 | | health care provider against whom a liability claim is asserted; |
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| 19 | 19 | | and |
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| 20 | 20 | | (2) not later than the 60th day after the date the |
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| 21 | 21 | | claimant files an amended or supplemental pleading that asserts a |
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| 22 | 22 | | theory of direct liability against a defendant against whom the |
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| 23 | 23 | | claimant had previously asserted only a theory of vicarious |
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| 24 | 24 | | liability, serve on that defendant or that defendant's attorney: |
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| 25 | 25 | | (A) an expert report that addresses at least one |
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| 26 | 26 | | theory of direct liability asserted against that defendant in the |
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| 27 | 27 | | amended or supplemental pleading; and |
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| 28 | 28 | | (B) a curriculum vitae of each expert listed in |
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| 29 | 29 | | that expert report. |
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| 30 | 30 | | (a-1) The date for serving an expert [the] report under |
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| 31 | 31 | | Subsection (a) may be extended by written agreement of the affected |
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| 32 | 32 | | parties. |
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| 33 | 33 | | (a-2) Each defendant physician or health care provider |
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| 34 | 34 | | whose conduct is implicated in a report must file and serve any |
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| 35 | 35 | | objection to the sufficiency of the report not later than the later |
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| 36 | 36 | | of the 21st day after the date the report is served or the 21st day |
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| 37 | 37 | | after the date the defendant's answer is filed, failing which all |
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| 38 | 38 | | objections are waived. |
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| 39 | 39 | | (c) If an expert report has not been served within the |
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| 40 | 40 | | period specified by Subsection (a) because elements of the report |
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| 41 | 41 | | are found deficient, the court may grant one 30-day extension to the |
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| 42 | 42 | | claimant in order to cure the deficiency. If the claimant does not |
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| 43 | 43 | | receive notice of the court's ruling granting the extension until |
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| 44 | 44 | | after the applicable [120-day] deadline under Subsection (a) has |
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| 45 | 45 | | passed, then the 30-day extension shall run from the date the |
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| 46 | 46 | | plaintiff first received the notice. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to an action commenced on or after the effective date of this Act. |
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| 49 | 49 | | An action commenced before the effective date of this Act is |
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| 50 | 50 | | governed by the law as it existed immediately before the effective |
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| 51 | 51 | | date of this Act, and that law is continued in effect for that |
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| 52 | 52 | | purpose. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2019. |
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