Bill Text: TX HB1491 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the liability of a rural or community hospital for a health care liability claim.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-17 - Left pending in committee [HB1491 Detail]
Download: Texas-2021-HB1491-Introduced.html
By: Dean | H.B. No. 1491 |
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relating to the liability of a rural or community hospital for a | ||
health care liability claim. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 74.001, Civil Practice and Remedies | ||
Code, is amended by adding Subdivision (26) to read as follows: | ||
(26) "Rural or community hospital" means a hospital | ||
that: | ||
(A) is located in a county with a population of | ||
60,000 or less; | ||
(B) is designated by the Centers for Medicare and | ||
Medicaid Services as a critical access hospital, sole community | ||
hospital, or rural referral center and is not located in an area | ||
defined by the United States Office of Management and Budget as a | ||
metropolitan statistical area; or | ||
(C) meets all of the following criteria: | ||
(i) has 100 or fewer beds; | ||
(ii) is designated by the Centers for | ||
Medicare and Medicaid Services as a critical access hospital, sole | ||
community hospital, or rural referral center; and | ||
(iii) is located in an area defined by the | ||
United States Office of Management and Budget as a metropolitan | ||
statistical area. | ||
SECTION 2. Section 74.301, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (d) to read as follows: | ||
(d) Notwithstanding the other provisions of this section, | ||
in an action on a health care liability claim where final judgment | ||
is rendered against a rural or community hospital, the limit of | ||
civil liability for noneconomic damages of the hospital, inclusive | ||
of all persons and entities for which vicarious liability theories | ||
may apply, is limited to an amount not to exceed $100,000, | ||
regardless of the number of defendants against whom the claim is | ||
asserted or the number of separate causes of action on which the | ||
claim is based. | ||
SECTION 3. Section 74.302(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) In the event that Section 74.301 is stricken from this | ||
subchapter or is otherwise to any extent invalidated by a method | ||
other than through legislative means, the following, subject to the | ||
provisions of this section, shall become effective: | ||
(1) In an action on a health care liability claim where | ||
final judgment is rendered against a physician or health care | ||
provider other than a health care institution, the limit of civil | ||
liability for noneconomic damages of the physician or health care | ||
provider other than a health care institution, inclusive of all | ||
persons and entities for which vicarious liability theories may | ||
apply, shall be limited to an amount not to exceed $250,000 for each | ||
claimant, regardless of the number of defendant physicians or | ||
health care providers other than a health care institution against | ||
whom the claim is asserted or the number of separate causes of | ||
action on which the claim is based. | ||
(2) In an action on a health care liability claim where | ||
final judgment is rendered against a single health care | ||
institution, the limit of civil liability for noneconomic damages | ||
inclusive of all persons and entities for which vicarious liability | ||
theories may apply, shall be limited to an amount not to exceed | ||
$250,000 for each claimant. | ||
(3) In an action on a health care liability claim where | ||
final judgment is rendered against more than one health care | ||
institution, the limit of civil liability for noneconomic damages | ||
for each health care institution, inclusive of all persons and | ||
entities for which vicarious liability theories may apply, shall be | ||
limited to an amount not to exceed $250,000 for each claimant and | ||
the limit of civil liability for noneconomic damages for all health | ||
care institutions, inclusive of all persons and entities for which | ||
vicarious liability theories may apply, shall be limited to an | ||
amount not to exceed $500,000 for each claimant. | ||
(4) Notwithstanding Subdivisions (1), (2), and (3), in | ||
an action on a health care liability claim where final judgment is | ||
rendered against a rural or community hospital, the limit of civil | ||
liability for noneconomic damages of the hospital, inclusive of all | ||
persons and entities for which vicarious liability theories may | ||
apply, is limited to an amount not to exceed $100,000, regardless of | ||
the number of defendants against whom the claim is asserted or the | ||
number of separate causes of action on which the claim is based. | ||
SECTION 4. Section 74.303, Civil Practice and Remedies | ||
Code, is amended by amending Subsections (a) and (c) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) Except as provided by Subsection (a-1), in [ |
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wrongful death or survival action on a health care liability claim | ||
where final judgment is rendered against a physician or health care | ||
provider, the limit of civil liability for all damages, including | ||
exemplary damages, shall be limited to an amount not to exceed | ||
$500,000 for each claimant, regardless of the number of defendant | ||
physicians or health care providers against whom the claim is | ||
asserted or the number of separate causes of action on which the | ||
claim is based. | ||
(a-1) In a wrongful death or survival action on a health | ||
care liability claim where final judgment is rendered against a | ||
rural or community hospital, the limit of civil liability for all | ||
damages, including exemplary damages, shall be limited to an amount | ||
not to exceed $100,000, regardless of the number of defendant | ||
physicians or health care providers against whom the claim is | ||
asserted or the number of separate causes of action on which the | ||
claim is based. | ||
(c) Subsection (a) or (a-1) does not apply to the amount of | ||
damages awarded on a health care liability claim for the expenses of | ||
necessary medical, hospital, and custodial care received before | ||
judgment or required in the future for treatment of the injury. | ||
SECTION 5. Subchapter G, Chapter 74, Civil Practice and | ||
Remedies Code, as amended by this Act, applies only to a cause of | ||
action that accrues on or after the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. |