By: Moody H.B. No. 3063
A BILL TO BE ENTITLED
AN ACT
relating to the medical authorization accompanying written notice
of a health care liability claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.051(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) Notwithstanding the inadequacy of a medical
authorization provided under Section 74.052, notice [Notice] given
as provided in this chapter shall toll the applicable statute of
limitations to and including a period of 75 days following the
giving of the notice, and this tolling shall apply to all parties
and potential parties.
SECTION 2. Section 74.052(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Notice of a health care claim under Section 74.051 must
be accompanied by a signed and completed medical authorization in
the form specified by this section. Failure to provide this
authorization along with the notice of health care claim shall
abate all further proceedings against the physician or health care
provider receiving the notice until 60 days following receipt by
the physician or health care provider of the required
authorization.
SECTION 3. The changes in law made by this Act apply only to
a written notice provided on or after the effective on or after the
effective date of this Act. A written notice provided before the
effective date of this Act is governed by the law in effect on the
date the written notice is provided, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.