Texas 2021 - 87th Regular

Texas House Bill HB1491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Dean H.B. No. 1491
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the liability of a rural or community hospital for a
7	7	health care liability claim.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 74.001, Civil Practice and Remedies
10	10	Code, is amended by adding Subdivision (26) to read as follows:
11	11	(26) "Rural or community hospital" means a hospital
12	12	that:
13	13	(A) is located in a county with a population of
14	14	60,000 or less;
15	15	(B) is designated by the Centers for Medicare and
16	16	Medicaid Services as a critical access hospital, sole community
17	17	hospital, or rural referral center and is not located in an area
18	18	defined by the United States Office of Management and Budget as a
19	19	metropolitan statistical area; or
20	20	(C) meets all of the following criteria:
21	21	(i) has 100 or fewer beds;
22	22	(ii) is designated by the Centers for
23	23	Medicare and Medicaid Services as a critical access hospital, sole
24	24	community hospital, or rural referral center; and
25	25	(iii) is located in an area defined by the
26	26	United States Office of Management and Budget as a metropolitan
27	27	statistical area.
28	28	SECTION 2. Section 74.301, Civil Practice and Remedies
29	29	Code, is amended by adding Subsection (d) to read as follows:
30	30	(d) Notwithstanding the other provisions of this section,
31	31	in an action on a health care liability claim where final judgment
32	32	is rendered against a rural or community hospital, the limit of
33	33	civil liability for noneconomic damages of the hospital, inclusive
34	34	of all persons and entities for which vicarious liability theories
35	35	may apply, is limited to an amount not to exceed $100,000,
36	36	regardless of the number of defendants against whom the claim is
37	37	asserted or the number of separate causes of action on which the
38	38	claim is based.
39	39	SECTION 3. Section 74.302(a), Civil Practice and Remedies
40	40	Code, is amended to read as follows:
41	41	(a) In the event that Section 74.301 is stricken from this
42	42	subchapter or is otherwise to any extent invalidated by a method
43	43	other than through legislative means, the following, subject to the
44	44	provisions of this section, shall become effective:
45	45	(1) In an action on a health care liability claim where
46	46	final judgment is rendered against a physician or health care
47	47	provider other than a health care institution, the limit of civil
48	48	liability for noneconomic damages of the physician or health care
49	49	provider other than a health care institution, inclusive of all
50	50	persons and entities for which vicarious liability theories may
51	51	apply, shall be limited to an amount not to exceed $250,000 for each
52	52	claimant, regardless of the number of defendant physicians or
53	53	health care providers other than a health care institution against
54	54	whom the claim is asserted or the number of separate causes of
55	55	action on which the claim is based.
56	56	(2) In an action on a health care liability claim where
57	57	final judgment is rendered against a single health care
58	58	institution, the limit of civil liability for noneconomic damages
59	59	inclusive of all persons and entities for which vicarious liability
60	60	theories may apply, shall be limited to an amount not to exceed
61	61	$250,000 for each claimant.
62	62	(3) In an action on a health care liability claim where
63	63	final judgment is rendered against more than one health care
64	64	institution, the limit of civil liability for noneconomic damages
65	65	for each health care institution, inclusive of all persons and
66	66	entities for which vicarious liability theories may apply, shall be
67	67	limited to an amount not to exceed $250,000 for each claimant and
68	68	the limit of civil liability for noneconomic damages for all health
69	69	care institutions, inclusive of all persons and entities for which
70	70	vicarious liability theories may apply, shall be limited to an
71	71	amount not to exceed $500,000 for each claimant.
72	72	(4) Notwithstanding Subdivisions (1), (2), and (3), in
73	73	an action on a health care liability claim where final judgment is
74	74	rendered against a rural or community hospital, the limit of civil
75	75	liability for noneconomic damages of the hospital, inclusive of all
76	76	persons and entities for which vicarious liability theories may
77	77	apply, is limited to an amount not to exceed $100,000, regardless of
78	78	the number of defendants against whom the claim is asserted or the
79	79	number of separate causes of action on which the claim is based.
80	80	SECTION 4. Section 74.303, Civil Practice and Remedies
81	81	Code, is amended by amending Subsections (a) and (c) and adding
82	82	Subsection (a-1) to read as follows:
83	83	(a) Except as provided by Subsection (a-1), in [In] a
84	84	wrongful death or survival action on a health care liability claim
85	85	where final judgment is rendered against a physician or health care
86	86	provider, the limit of civil liability for all damages, including
87	87	exemplary damages, shall be limited to an amount not to exceed
88	88	$500,000 for each claimant, regardless of the number of defendant
89	89	physicians or health care providers against whom the claim is
90	90	asserted or the number of separate causes of action on which the
91	91	claim is based.
92	92	(a-1) In a wrongful death or survival action on a health
93	93	care liability claim where final judgment is rendered against a
94	94	rural or community hospital, the limit of civil liability for all
95	95	damages, including exemplary damages, shall be limited to an amount
96	96	not to exceed $100,000, regardless of the number of defendant
97	97	physicians or health care providers against whom the claim is
98	98	asserted or the number of separate causes of action on which the
99	99	claim is based.
100	100	(c) Subsection (a) or (a-1) does not apply to the amount of
101	101	damages awarded on a health care liability claim for the expenses of
102	102	necessary medical, hospital, and custodial care received before
103	103	judgment or required in the future for treatment of the injury.
104	104	SECTION 5. Subchapter G, Chapter 74, Civil Practice and
105	105	Remedies Code, as amended by this Act, applies only to a cause of
106	106	action that accrues on or after the effective date of this Act.
107	107	SECTION 6. This Act takes effect September 1, 2021.