HBA-ATS H.B. 500 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 500 By: Averitt Civil Practices 4/20/1999 Introduced BACKGROUND AND PURPOSE The Charitable Immunity and Liability Act of 1987 (Act) limits the liability of a charitable organization for damages based on an act or omission by the organization, its employees, or volunteers. However, the protections of the Act do not extend to a health care provider unless the provider is a federally funded migrant or community health center or is a nonprofit health maintenance organization created and operated by a community center or unless the provider usually provides discounted services at or below costs based on the ability of the beneficiary to pay. Under the Act, a volunteer health care provider who provides health care services without compensation may be liable for the volunteer's acts or omissions. Potential liability may discourage volunteers from providing free health care to people unable to afford medical care. H.B. 500 redefines "volunteer" under the Act to include a volunteer health care provider. A "volunteer health care provider" is an individual who voluntarily provides free health care services and who is a medical professional licensed under state law or a retired medical professional who is eligible to provide health care services under state law. Under this bill, a volunteer health care provider who serves as a direct service volunteer of a charitable organization is immune from civil liability for any act or omission that results in death, damage, or injury to a patient if four conditions are satisfied. First, the volunteer must have acted in good faith and in the course and scope of the volunteer's organizational duties or functions. Second, the volunteer must have committed the act or omission while providing health care services to the patient. Third, the services provided had to have been within the scope of the volunteer's license. Fourth, the patient must have signed a written statement that acknowledges that the volunteer is providing uncompensated care, and waives the right to recover damages from the volunteer in exchange for receiving the uncompensated services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 84.003, Civil Practice and Remedies Code, by amending Subdivision (2) and adding Subdivision (5), as follows: (2) Provides that the term "volunteer" includes a volunteer health care provider. Makes a nonsubstantive change. (5) Defines a "volunteer health care provider" as an individual who voluntarily provides free health care services and who is a medical professional licensed under state law or a retired medical professional who is eligible to provide health care services under state law. SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code, as follows: Sec. 84.004. VOLUNTEER LIABILITY. (a) Makes a conforming change. (b) Makes a conforming change. (c) Establishes that if four conditions exist, a volunteer health care provider who serves as a direct service volunteer of a charitable organization is immune from civil liability, except as provided by Subsection (d) and Section 84.007 (Applicability), for any act or omission that results in death, damage, or injury to a patient. First, the volunteer must have acted in good faith and in the course and scope of the volunteer's organizational duties or functions. Second, the volunteer must have committed the act or omission while providing health care services to the patient. Third, the services provided had to have been within the scope of the volunteer's license. Fourth, the patient must have signed a written statement that acknowledges that the volunteer is providing uncompensated care, and waives the right to recover damages from the volunteer in exchange for receiving the uncompensated services. If the patient is a minor or is otherwise legally incompetent, the patient's parent, managing conservator, legal guardian, or other person with legal responsibility for the care of the patient must sign the statement and waive the right to recover damages. (d) Creates this from existing text. (e) Redesignates this from existing Subsection (d). SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.