Texas Health and Safety Code 317.007 – Rights and Remedies
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(a) This chapter may not be construed to:
(1) interfere with the rights of an agent operating under a valid advance directive in accordance with Chapter 166; or
(2) alter, amend, revoke, or supersede any existing right or remedy granted under any other provision of law.
(b) This chapter does not create a private right of action against:
(1) a hospital, a hospital employee, or a person in a contractual relationship with a hospital; or
(2) a designated caregiver.
Terms Used In Texas Health and Safety Code 317.007
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A hospital, a hospital employee, or a person in a contractual relationship with a hospital may not be held liable in any way for services rendered or not rendered by a patient’s designated caregiver to the patient.
(d) A designated caregiver may not be reimbursed by a government or commercial payer for aftercare assistance provided under this chapter.
(e) Nothing in this chapter may be construed:
(1) to alter the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans to provide coverage required under a health benefit plan;
(2) to affect, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or other entity issuing health benefit plans; or
(3) to affect the time at which a patient may be discharged or transferred from a hospital to another facility.