Texas 2021 - 87th Regular

Texas House Bill HB3747 Compare Versions

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

Old	New	Differences
1	1	87R3750 BRG-F
2	2	By: Smith H.B. No. 3747
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to liability of health care providers for certain claims
8	8	arising during a disaster or emergency.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The purposes of this Act are to:
11	11	(1) provide for prompt and swift medical and health
12	12	care responses to individuals in this state suffering from a
13	13	man-made or natural disaster, including a state of disaster or
14	14	emergency in this state declared by the president of the United
15	15	States or a state of disaster declared by the governor under Section
16	16	418.014, Government Code;
17	17	(2) recognize that many physicians and health care
18	18	providers responding to these situations may not have the full
19	19	benefits of the medical devices and facilities they would in
20	20	non-disaster situations;
21	21	(3) encourage physicians and health care providers
22	22	from other states to respond, if necessary, to a state of disaster
23	23	or emergency in this state declared by the president of the United
24	24	States or a state of disaster declared by the governor under Section
25	25	418.014, Government Code; and
26	26	(4) ensure that the focus and resources of physicians
27	27	and health care providers in these situations are being properly
28	28	directed after a state of disaster or emergency is declared by the
29	29	president of the United States or a state of disaster is declared by
30	30	the governor under Section 418.014, Government Code.
31	31	SECTION 2. The heading to Section 79.0031, Civil Practice
32	32	and Remedies Code, is amended to read as follows:
33	33	Sec. 79.0031. LIABILITY OF [VOLUNTEER] HEALTH CARE PROVIDER
34	34	OR HEALTH CARE INSTITUTION.
35	35	SECTION 3. Sections 79.0031(a), (b), and (c), Civil
36	36	Practice and Remedies Code, are amended to read as follows:
37	37	(a) In this section:
38	38	(1) "Health care institution" has the meaning assigned
39	39	by Section 74.001.
40	40	(2) "Health care liability claim" has the meaning
41	41	assigned by Section 74.001.
42	42	(3) "Health [Volunteer health] care provider" means:
43	43	(A) a first responder, as that term is defined by
44	44	Section 421.095, Government Code;
45	45	(B) a health care provider, as that term is
46	46	defined by Section 74.001;
47	47	(C) a physician, as that term is defined by
48	48	Section 74.001; and
49	49	(D) a volunteer health care provider, as that
50	50	term is defined [has the meaning assigned] by Section 84.003,
51	51	regardless of whether the [. The term includes an] individual [who]
52	52	is [not] affiliated with a charitable organization.
53	53	(b) Except in the case of reckless conduct or intentional,
54	54	wilful, or wanton misconduct, a [volunteer] health care provider is
55	55	immune from civil liability for an act or omission that occurs in,
56	56	or a health care liability claim that arises out of, giving care,
57	57	assistance, or advice if:
58	58	(1) the care, assistance, or advice is provided:
59	59	(A) [(1)] in relation to an incident that is a
60	60	man-made or natural disaster that endangers or threatens to
61	61	endanger individuals, property, or the environment; and
62	62	(B) [(2)] within the scope of the provider's
63	63	practice under the laws of this state; or
64	64	(2) the care, assistance, or advice is provided:
65	65	(A) in relation to a national or statewide health
66	66	care emergency that results in a declaration of a state of disaster
67	67	or emergency by the president of the United States or a declaration
68	68	of a state of disaster by the governor under Chapter 418, Government
69	69	Code;
70	70	(B) during a period beginning on the date the
71	71	declaration is made and ending 60 days after the date the
72	72	declaration terminates; and
73	73	(C) within the scope of the provider's practice
74	74	under the laws of this state.
75	75	(c) A health care institution is immune from civil liability
76	76	for:
77	77	(1) an act or omission by a [volunteer] health care
78	78	provider providing care, assistance, or advice at the institution's
79	79	facility or under the institution's direction if [:
80	80	[(1)] the provider is immune from civil liability under
81	81	Subsection (b); or [and]
82	82	(2) a health care liability claim arising out of the
83	83	circumstances described by Subsection (b) [the institution does not
84	84	have an expectation of compensation from or on behalf of the
85	85	recipient of the care, assistance, or advice in excess of
86	86	reimbursement for expenses incurred by the institution in
87	87	connection with the provision of the care, assistance, or advice].
88	88	SECTION 4. Section 79.0031, Civil Practice and Remedies
89	89	Code, as amended by this Act, applies only to a cause of action that
90	90	accrues on or after the effective date of this Act. A cause of
91	91	action that accrued before the effective date of this Act is
92	92	governed by the law applicable to the cause of action immediately
93	93	before the effective date of this Act, and that law is continued in
94	94	effect for that purpose.
95	95	SECTION 5. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2021.