Texas Health & Safety Code - Section 311.0456. Eligibility And Certification For Limited Liability
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§ 311.0456. ELIGIBILITY AND CERTIFICATION FOR LIMITED
LIABILITY. (a) In this section:
(1) "Department" means the Department of State Health
Services.
(2) "Nonprofit hospital" has the meaning assigned by
Section 311.042(9)(A).
(b) This section applies only to a nonprofit hospital or
hospital system that is certified by the department under
Subsection (d).
(c) To be eligible for certification under Subsection (d), a
nonprofit hospital or hospital system must provide:
(1) charity care in an amount equal to at least eight
percent of the net patient revenue of the hospital or hospital
system during the most recent fiscal year of the hospital or system;
and
(2) at least 40 percent of the charity care provided in
the county in which the hospital is located.
(d) To be certified under this subsection, a nonprofit
hospital or hospital system must submit a written request for
certification to the department not later than May 31 of each year
stating that the hospital or system is eligible for certification.
The department must determine eligibility for certification not
later than December 31 of the year in which the department receives
the request by checking the report submitted by the hospital or
system under Section 311.033 and the statement of community
benefits and charity care submitted by the nonprofit hospital or
hospital system under Section 311.045. If a report under Section
311.033 is not available for all hospitals in a county in which a
nonprofit hospital meeting the requirement of Subsection (c)(1) is
requesting certification, the department shall determine the
eligibility of the hospital or hospital system using other sources
of verified charity care information available at the time of
certification. The department shall certify that the hospital or
hospital system has met the requirements for certification. The
certification issued under this subsection to a nonprofit hospital
or hospital system takes effect on December 31 of that year and
expires on the anniversary of that date.
(e) For the purposes of Subsection (b), a corporation
certified by the Texas State Board of Medical Examiners as a
nonprofit organization under Section 162.001, Occupations Code,
whose sole member is a qualifying hospital or hospital system is
considered a nonprofit hospital or hospital system.
(f) Notwithstanding any other law, the liability of a
nonprofit hospital or hospital system for noneconomic damages as
defined by Section 41.001, Civil Practice and Remedies Code, for a
cause of action that accrues during the period that the hospital or
system is certified under this section is subject to the
limitations specified by Section 101.023(b), Civil Practice and
Remedies Code, and Subsection (c) of that section does not apply.
This subsection establishes the total combined limit of liability
of the nonprofit hospital or hospital system and any employee,
officer, or director of the hospital or system for noneconomic
damages for each person and each single occurrence, as described by
Section 101.023(b), Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 204, § 22.02, eff. Sept. 1,
2003. Amended by Acts 2005, 79th Leg., ch. 376, § 1, eff. June
17, 2005.
Section: 311.039 311.041 311.042 311.043 311.044 311.045 311.0455 311.0456 311.046 311.0461 311.047 311.048 312.001 312.002 312.003
Last modified: August 11, 2007
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