86R6276 BRG-F
By: Krause H.B. No. 3186
A BILL TO BE ENTITLED
AN ACT
relating to service of expert reports in health care liability
claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.351, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (c) and adding
Subsections (a-1) and (a-2) to read as follows:
(a) In a health care liability claim, a claimant shall:
(1) [,] not later than the 120th day after the date
each defendant's original answer is filed, serve on that 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;
and
(2) not later than the 60th day after the date the
claimant files an amended or supplemental pleading that asserts a
theory of direct liability against a defendant against whom the
claimant had previously asserted only a theory of vicarious
liability, serve on that defendant or that defendant's attorney:
(A) an expert report that addresses at least one
theory of direct liability asserted against that defendant in the
amended or supplemental pleading; and
(B) a curriculum vitae of each expert listed in
that expert report.
(a-1) The date for serving an expert [the] report under
Subsection (a) may be extended by written agreement of the affected
parties.
(a-2) 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 served or the 21st day
after the date the defendant's answer is filed, failing which all
objections are waived.
(c) If an expert report has not been served within the
period specified by Subsection (a) because elements of the report
are found deficient, the court may grant one 30-day extension to the
claimant in order to cure the deficiency. If the claimant does not
receive notice of the court's ruling granting the extension until
after the applicable [120-day] deadline under Subsection (a) has
passed, then the 30-day extension shall run from the date the
plaintiff first received the notice.
SECTION 2. The change in law made 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 as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2019.