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.