Texas HB 3748: Relating to liability of health care providers for certain claims arising during a pandemic.

Bill Text

By:AASmith H.B.ANo.A3748
A BILL TO BE ENTITLED
AN ACT
relating to liability of health care providers for certain claims
arising during a pandemic.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AA(a) The legislature finds that:
(1)AAthe widespread effect of Coronavirus Disease 2019
("COVID-19") in this state has resulted in a state of disaster as
declared by the governor under Section 418.014, Government Code;
(2)AAthe frequency and severity of such cases in this
state have severely taxed the physicians and health care providers,
including health care institutions, stressed the state’s health
care system, and created shortages of medical staff, therapeutics,
hospital beds, testing equipment, and safety supplies;
(3)AAphysicians and health care providers often have
inadequate facilities to respond to the disaster;
(4)AAphysicians and health care providers often have
inadequate test kits and monitoring devices to properly assess all
those presenting themselves for care or treatment;
(5)AAbecause of the number and severity of cases, many
physicians and health care providers in this state have been forced
to prioritize care and treatment;
(6)AAmany physicians and health care providers have
placed themselves, their loved ones, and their livelihoods at risk
by trying to respond to the disaster;
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(7)AAat the current time, there is no certainty as far
as how long this crisis will last;
(8)AAa pandemic, including the COVID-19 pandemic,
requires an enormous response from governments working in
coordination with physicians and health care providers in the
community;
(9)AAprotecting physicians and health care providers
from unnecessary liability supports their efforts during a
pandemic, including the COVID-19 pandemic;
(10)AAthere is a strong public interest to be served by
this Act; and
(11)AAwhile some prior rights will be impaired by this
Act, the impairment is not significant and the interest of
protecting the public and ensuring adequate care vastly outweighs
those rights.
(b)AABecause of the conditions stated in Subsection (a) of
this section, the purpose of Section 74.155, Civil Practice and
Remedies Code, as added by this Act, is to improve and modify the
system by which health care liability claims are determined in
order to:
(1)AApromote the public health, safety, and welfare of
all citizens and ensure access to care and treatment during a
pandemic by broadly protecting physicians and health care
providers, including health care institutions, in this state from
liability that may relate to the care or treatment of individuals
associated with a pandemic, including COVID-19;
(2)AAprovide for prompt and swift medical and health
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care responses to the citizens of this state suffering from
COVID-19;
(3)AArecognize that many physicians and health care
providers responding to these situations may not have the full
benefits of the medical devices and facilities they would in
non-disaster situations;
(4)AAencourage physicians and health care providers
from other states to respond, if necessary, to the COVID-19
disaster in this state as declared by the president of the United
States and by the governor; and
(5)AAensure that the focus and resources of physicians
and health care providers in responding to the COVID-19 disaster
are being addressed.
SECTIONA2.AASubchapter D, Chapter 74, Civil Practice and
Remedies Code, is amended by adding Section 74.155 to read as
follows:
Sec.A74.155.AALIABILITY OF PHYSICIANS, HEALTH CARE
PROVIDERS, AND FIRST RESPONDERS DURING PANDEMIC. (a) In this
section:
(1)AA"Disaster declaration" means a declaration of a
state of disaster or emergency by the president of the United
States, a declaration of a state of disaster by the governor under
Chapter 418, Government Code, and any amendment, modification, or
extension of the declaration.
(2)AA"First responder" has the meaning assigned by
Section 421.095, Government Code.
(3)AA"Pandemic disease" means an infectious disease
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that spreads to a significant portion of the population of a
country, multiple countries, or the world and that poses a
substantial risk of a significant number of human fatalities,
illnesses, or permanent long-term disabilities.
(b)AAExcept in a case of reckless conduct or intentional,
wilful, or wanton misconduct, a physician, health care provider, or
first responder is not liable for an injury, including economic and
noneconomic damages, or death arising from care, treatment, or
failure to provide care or treatment relating to or impacted by a
pandemic disease or a disaster declaration related to a pandemic
disease, including:
(1)AAscreening, assessing, diagnosing, or treating an
individual who is infected or suspected of being infected with a
pandemic d