Bill Caption

Relating to the definition of health care liability claim for the purposes of certain laws governing those claims.

Fiscal Notes

No significant fiscal application to State or local government.

Bill Analysis

HB 1403 would amend the Civil Practice and Remedies Code to specify that the term "health care liability claim," as defined in statutory provisions governing medical liability, does not include certain causes of action under the Texas Workers' Compensation Act against an employer by an employee or the employee's surviving spouse or heir to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment or to recover exemplary damages for death caused by an intentional act or omission of the employer or by the employer's gross negligence.

The bill would also require that a health care liability claim include within the claimant's expert report at least one theory of direct liability asserted against each physician or health care provider against whom a theory of direct liability is asserted.

Note: This bill is similar to SB 1531.

Vote Recommendation Notes

This bill affirms the principle of limited government. It would clarify that the state Medical Liability and Insurance Improvement Act did not intend to classify a claim by an employee against an employer as a health care liability claim. This bill would prevent abuse of the system. For this reason, we support HB 1403.