H.B. No. 658
 
 
 
 
AN ACT
  relating to certain lawsuits seeking damages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 41, Civil Practice and Remedies Code, is
  amended by adding Section 41.014 to read as follows:
         Sec. 41.014.  INTEREST ON DAMAGES SUBJECT TO MEDICARE
  SUBROGATION. (a)  Subject to this section, postjudgment interest
  does not accrue on the unpaid balance of an award of damages to a
  plaintiff attributable to any portion of the award to which the
  United States has a subrogation right under 42 U.S.C. Section
  1395y(b)(2)(B) before the defendant receives a recovery demand
  letter issued by the Centers for Medicare and Medicaid Services or a
  designated contractor under 42 C.F.R. Section 411.22.
         (b)  Postjudgment interest under this section does not
  accrue if the defendant pays the unpaid balance before the 31st day
  after the date the defendant receives the recovery demand letter.
         (c)  If the defendant appeals the award of damages, this
  section does not apply.
         (d)  This section does not prevent the accrual of
  postjudgment interest on any portion of an award to which the United
  States does not have a subrogation right under 42 U.S.C. Section
  1395y(b)(2)(B).
         SECTION 2.  Section 74.351(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In a health care liability claim, a claimant shall, not
  later than the 120th day after the date each defendant's [the]
  original answer is [petition was] filed, serve on that [each] party
  or the party's attorney one or more expert reports, with a
  curriculum vitae of each expert listed in the report for each
  physician or health care provider against whom a liability claim is
  asserted.  The date for serving the report may be extended by
  written agreement of the affected parties.  Each defendant
  physician or health care provider whose conduct is implicated in a
  report must file and serve any objection to the sufficiency of the
  report not later than the later of the 21st day after the date the
  report is [it was] served or the 21st day after the date the
  defendant's answer is filed, failing which all objections are
  waived.
         SECTION 3.  (a)  Section 41.014, Civil Practice and Remedies
  Code, as added by this Act, applies only to an award of damages made
  on or after the effective date of this Act.  An award of damages made
  before the effective date of this Act is governed by the law in
  effect immediately before that date, and that law is continued in
  effect for that purpose.
         (b)  Section 74.351(a), Civil Practice and Remedies Code, as
  amended by this Act, applies only to an action commenced on or after
  the effective date of this Act.  An action commenced before the
  effective date of this Act is governed by the law in effect
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 658 was passed by the House on May 3,
  2013, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 658 on May 24, 2013, by the following vote:  Yeas 144, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 658 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor