Texas Civil Practice and Remedies Code
§ 88.002 — APPLICATION
CP § 88.002Title 4. LIABILITY IN TORT · Ch. 88. HEALTH CARE LIABILITY
Statute text
View on source(a)A health insurance carrier, health maintenance organization, or other managed care entity for a health care plan has the duty to exercise ordinary care when making health care treatment decisions and is liable for damages for harm to an insured or enrollee proximately caused by its failure to exercise such ordinary care.
(b)A health insurance carrier, health maintenance organization, or other managed care entity for a health care plan is also liable for damages for harm to an insured or enrollee proximately caused by the health care treatment decisions made by its:
(1)employees;
(2)agents;
(3)ostensible agents; or
(4)representatives who are acting on its behalf and over whom it has the right to exercise influence or control or has actually exercised influence or control which result in the failure to exercise ordinary care.
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Legislative history
Acts 2005, 79th Leg., Ch. 134 (H.B. 737), Sec. 2, eff. September 1, 2005.