By: Sibley S.B. No. 929
73R1420 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to binding arbitration of claims for personal injury or
1-3 death resulting from negligence of a health care provider.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 156 to read as follows:
1-7 CHAPTER 156. BINDING ARBITRATION OF MEDICAL
1-8 MALPRACTICE CLAIMS
1-9 Sec. 156.001. DEFINITIONS. In this chapter:
1-10 (1) "Binding arbitration" is a forum in which each
1-11 party and the party's counsel present the position of the party
1-12 before one or more impartial third parties who render a specific
1-13 award.
1-14 (2) "Binding arbitration contract" means a written
1-15 agreement with a health care provider requiring binding arbitration
1-16 of any medical malpractice claim arising from services provided to
1-17 a patient by the provider.
1-18 (3) "Commissioner" means the Commissioner of Health
1-19 and Human Services.
1-20 (4) "Health care provider" means any person who
1-21 provides health care under a license, certificate, or other
1-22 recognition issued to the provider under state law.
1-23 (5) "Medical malpractice claim" means a claim against
1-24 a health care provider alleging that personal injury to or death of
2-1 a patient resulted from one or more negligent acts or omissions in
2-2 the diagnosis, care, or treatment of the patient.
2-3 Sec. 156.002. BINDING ARBITRATION CONTRACT. (a) A health
2-4 care provider may offer to a patient a contract requiring binding
2-5 arbitration of any medical malpractice claim arising from services
2-6 provided by the provider.
2-7 (b) A binding arbitration contract is enforceable only if
2-8 the contract complies with the requirements of this chapter and is
2-9 not unconscionable or void or unenforceable as a contract of
2-10 adhesion.
2-11 Sec. 156.003. FORM OF CONTRACT. (a) A binding arbitration
2-12 contract must be in a form approved by the commissioner and must
2-13 specify:
2-14 (1) the number of impartial third parties that would
2-15 conduct arbitration under the contract; and
2-16 (2) the manner in which the third parties would be
2-17 selected.
2-18 (b) A binding arbitration contract may specify the manner in
2-19 which the arbitration would be conducted, subject to approval by
2-20 the commissioner.
2-21 (c) The commissioner may not approve a binding arbitration
2-22 contract unless the following language appears immediately before
2-23 the signature line in at least 10-point bold type:
2-24 "BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE
2-25 OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE
2-26 GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. A HEALTH CARE
2-27 PROVIDER MAY NOT DENY TREATMENT TO YOU SOLELY BECAUSE YOU REFUSE TO
3-1 SIGN THIS CONTRACT".
3-2 Sec. 156.004. MINOR PATIENT. If the patient is a minor, a
3-3 binding arbitration contract must be signed by the patient's
3-4 parent, managing conservator, or legal guardian.
3-5 Sec. 156.005. ENFORCEMENT OF ARBITRATION AWARD. An award
3-6 made in a binding arbitration conducted in accordance with a
3-7 binding arbitration contract is enforceable in the same manner as
3-8 any contract obligation.
3-9 SECTION 2. This Act takes effect September 1, 1993, and
3-10 applies only to a contract executed on or after January 1, 1994. A
3-11 contract that is executed before January 1, 1994, is governed by
3-12 the law as it existed immediately before the effective date of this
3-13 Act, and that law is continued in effect for that purpose.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.