HBA-ATS C.S.H.B. 500 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 500 By: Averitt Civil Practices 4/30/1999 Committee Report (Substituted) 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. C.S.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, before the volunteer provided health care services, that acknowledges that the volunteer is providing uncompensated care and the limitations on the recovery of damages from the volunteer in exchange for receiving the health care 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) Includes a volunteer health care provider described by Subsection (c) or (d) in the exceptions to immunity from civil liability for any act or omission, committed by a volunteer who serves as a direct service volunteer of a charitable organization, that results in death, damage, or injury if the volunteer acted in good faith and in the course and scope of the volunteer's organizational duties or functions. (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, before the volunteer provides health care services, that acknowledges that the volunteer is providing uncompensated care and the limitations on the recovery of damages from the volunteer in exchange for receiving the health care 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. (d) Created 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 500 modifies the original bill in SECTION 1 (proposed Subdivision (5)(D), Section 84.003, Civil Practice and Remedies Code) by including an advanced nurse practitioner and a retired advanced nurse practitioner among the registered nurses and retired registered nurses, respectively, defined as "volunteer health care providers." The substitute modifies the original by adding Subdivision (5)(I), Section 84.003, Civil Practice and Remedies Code, to include a dental hygienist licensed under state law or a retired dental hygienist who is eligible to provide health care services under state law within the definition of a "volunteer health care provider." The substitute modifies the original by adding Subdivision (5)(J), Section 84.003, Civil Practice and Remedies Code, to include an optometrist or therapeutic optometrist licensed under state law or a retired optometrist or therapeutic optometrist who is eligible to provide health care services under state law within the definition of a "volunteer health care provider." C.S.H.B. 500 modifies the original bill in SECTION 2 by specifying in proposed Section 84.004(c)(4) that 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 the patient signs the written statement before the volunteer provides health care services. The substitute also modifies the original in proposed Section 84.004(c)(4) by providing that the written statement must acknowledge that the volunteer is providing uncompensated care and the limitations on the recovery of damages from the volunteer, rather than the waiver of the right to recover damages from the volunteer, in exchange for receiving the health care, rather than the uncompensated, services.