Pierson Bill Ties Malpractice Damage Caps To Inflation Since 2003

The text as introduced · 408 words

By: Pierson
H.B. No. 4036

A BILL TO BE ENTITLED

AN ACT

relating to liability limits in a health care liability claim.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 74.301, Civil Practice and Remedies

Code, is amended by adding Subsection (d) to read as follows:

(d) When there is an increase or decrease in the consumer

price index with respect to the amount of that index on September 1,

2003, the liability limits prescribed by this section shall be

increased or decreased, as applicable, by a sum equal to the amount

of such limit multiplied by the percentage increase or decrease in

the consumer price index, as published by the Bureau of Labor

Statistics of the United States Department of Labor, that measures

the average changes in prices of goods and services purchased by

urban wage earners and clerical workers' families (CPI-W:

Seasonally Adjusted U.S. City Average--All Items), between

September 1, 2003, and the time at which damages subject to such

limits are awarded by final judgment or settlement.

SECTION 2. Section 74.302, Civil Practice and Remedies

Code, is amended by adding Subsection (f) to read as follows:

(f) When there is an increase or decrease in the consumer

price index with respect to the amount of that index on September 1,

2003, the liability limits and financial responsibility amounts

prescribed by this section shall be increased or decreased, as

applicable, by a sum equal to the amount of such limit multiplied by

the percentage increase or decrease in the consumer price index, as

published by the Bureau of Labor Statistics of the United States

Department of Labor, that measures the average changes in prices of

goods and services purchased by urban wage earners and clerical

workers' families (CPI-W: Seasonally Adjusted U.S. City

Average--All Items), between September 1, 2003, and the time at

which damages subject to such limits are awarded by final judgment

or settlement.

SECTION 3. Sections 74.301(d) and 74.302(f), Civil Practice

and Remedies Code, as added by this Act, apply only to a health care

liability claim that accrues on or after the effective date of this

Act.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.