Tort reform survives session — again B
efore the 2013 legislative session, TMA and the Texas Alliance For Patient Access (TAPA) anticipated trial lawyers would attempt to modify or repeal the noneconomic damages cap, the heightened emergency care negligence
standard, and other cornerstones of tort reform. Fortunately, for the fifth successive legislative session, Texas’ medical liability lawsuit reforms emerged unscathed. TMA and TAPA supported House Bill 1869 by Rep. Four Price (R-Amarillo), which changes the way health care plans receive reimbursement following liability lawsuits and increases monetary awards to injured parties. The law protects the paid or in- curred provision, which limits claimants’ recovery of medical care expenses to the amount they actually paid or incurred. TMA and TAPA also advocated legislation aimed at facilitating charity care. Senate Bill 61 by Sen. Jane Nelson (R-Flower Mound) creates a military limited
volunteer license that allows active and retired military physicians in good stand- ing who do not hold a Texas medical license to render charity care in Texas. The legislation stipulates care must be provided at a clinic that primarily treats indigent patients, and volunteering physicians may not receive payment for services. House Bill 746 by Rep. Trent Ashby (R-Lufkin) permits and regulates the deploy- ment of health professionals across state lines during natural disasters. The law pro- tects volunteer health care professionals and their sponsoring disaster relief agencies from liability unless guilty of criminal conduct or the infliction of intentional harm. Both SB 61 and HB 746 took effect Sept. 1. TAPA Director Jon Opelt says TAPA, TMA, and other health care organizations
worked to defeat several bills that overtly threatened tort reform. Among them was Senate Bill 1193 by Sen. Donna Campbell, MD (R-New Braunfels). The bill would have removed confidentiality protections for those who file a complaint with the Texas Medical Board (TMB), as well as those physicians who review TMB complaints. Mr. Opelt says SB 1193 would have put the confiden- tiality of the peer review process at risk. “Without confidentiality, patients, families, friends, and health care providers may
fear retaliation and choose not to file a complaint, thus reducing the medical board’s ability to protect the public,” he said. TAPA and TMA also opposed House Bill 2644 by Rep. Chris Turner (D-Arlington). The legislation excluded premises liability and work-related injuries from the defini- tion of a health care liability claim. Mr. Opelt says TAPA recognized the need to study the issue in the interim. “The bill was heard late in the session, and the stakeholders did not have sufficient time to craft a compromise. The bill would have expanded the definition of claimant and permitted multiple suits for the same event, which we did find troublesome,” he said. Mike Hull, TAPA general counsel, monitored about 200 bills this session that had the potential to affect tort litigation relating to medical liability. He says he’s pleased tort reform emerged untouched this legislative session. “I think that TAPA, TMA, and the medical specialty groups have devoted substan-
tial time in the interim to meeting with legislators and educating them about the connection between access to care and tort reform. Personal injury trial lawyers face a substantial burden when attempting to persuade legislators to modify tort reform when doing so will limit access to care,” he said.
September 2013 TEXAS MEDICINE 27
DONNA MARIE VANCE & WILLIAM S. VANCE JR.
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