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.