Bill Text: TX HB658 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain lawsuits seeking damages.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB658 Detail]
Download: Texas-2013-HB658-Enrolled.html
H.B. No. 658 |
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relating to certain lawsuits seeking damages. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Civil Practice and Remedies Code, is | ||
amended by adding Section 41.014 to read as follows: | ||
Sec. 41.014. INTEREST ON DAMAGES SUBJECT TO MEDICARE | ||
SUBROGATION. (a) Subject to this section, postjudgment interest | ||
does not accrue on the unpaid balance of an award of damages to a | ||
plaintiff attributable to any portion of the award to which the | ||
United States has a subrogation right under 42 U.S.C. Section | ||
1395y(b)(2)(B) before the defendant receives a recovery demand | ||
letter issued by the Centers for Medicare and Medicaid Services or a | ||
designated contractor under 42 C.F.R. Section 411.22. | ||
(b) Postjudgment interest under this section does not | ||
accrue if the defendant pays the unpaid balance before the 31st day | ||
after the date the defendant receives the recovery demand letter. | ||
(c) If the defendant appeals the award of damages, this | ||
section does not apply. | ||
(d) This section does not prevent the accrual of | ||
postjudgment interest on any portion of an award to which the United | ||
States does not have a subrogation right under 42 U.S.C. Section | ||
1395y(b)(2)(B). | ||
SECTION 2. Section 74.351(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) In a health care liability claim, a claimant shall, not | ||
later than the 120th day after the date each defendant's [ |
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original answer is [ |
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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. The date for serving the report may be extended by | ||
written agreement of the affected parties. 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 [ |
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defendant's answer is filed, failing which all objections are | ||
waived. | ||
SECTION 3. (a) Section 41.014, Civil Practice and Remedies | ||
Code, as added by this Act, applies only to an award of damages made | ||
on or after the effective date of this Act. An award of damages made | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
(b) Section 74.351(a), Civil Practice and Remedies Code, as | ||
amended 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 in effect | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 658 was passed by the House on May 3, | ||
2013, by the following vote: Yeas 141, Nays 1, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 658 on May 24, 2013, by the following vote: Yeas 144, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 658 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |