Texas HB 3997: Relating to the liability of a rural or community hospital for a health care liability claim.

Bill Text

By:AASheffield H.B.ANo.A3997
A BILL TO BE ENTITLED
AN ACT
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:
SECTIONA1.AASection 74.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (26) to read as follows:
(26)AA"Rural or community hospital" means a hospital
that:
(A)AAis located in a county with a population of
60,000 or less;
(B)AAis 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)AAmeets all of the following criteria:
(i)AAhas 100 or fewer beds;
(ii)AAis designated by the Centers for
Medicare and Medicaid Services as a critical access hospital, sole
community hospital, or rural referral center; and
(iii)AAis located in an area defined by the
United States Office of Management and Budget as a metropolitan
statistical area.
SECTIONA2.AASection 74.301, Civil Practice and Remedies
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86R14275 SCL-D 1

Code, is amended by adding Subsection (d) to read as follows:
(d)AANotwithstanding 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.
SECTIONA3.AASection 74.302(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a)AAIn 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)AAIn 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.
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H.B.ANo.A3997
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(2)AAIn 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)AAIn 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)AANotwithstanding 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.
SECTIONA4.AASection 74.303, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (c) and adding
Subsection (a-1) to read as follows:
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H.B.ANo.A3997
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(a)AAExcept as provided by Subsection (a-1), in [In] a
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,