SRC-DPW H.B. 3451 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3451
By: Hilderbran (Moncreif)
Human Services
5/13/1999
Engrossed


DIGEST 

Currently, under Section 242.268, Health and Safety Code, neither the state
nor a nursing home may elect to resolve disputes using arbitration if the
disputes are subject to Section 242.061, 242.062 , or 242.072, Health and
Safety Code.  However, courts have ordered arbitration in just such
situations. These orders have the effect of undermining the evident intent
of the legislature when it enacted Section 242.268, Health and Safety Code.
H.B. 3451 prohibits courts from ordering arbitration in cases in which
violations of those provisions are alleged and provides that in instances
in which arbitration is improperly ordered, the arbitration process must be
dismissed and the court in which the underlying dispute was filed must
retain jurisdiction.  

PURPOSE

As proposed, H.B. 3451 sets forth guidelines relating to arbitration to
resolve certain matters relating to nursing homes and related institutions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.061, Health and Safety Code, by adding
Subsection (d), to prohibit a court having jurisdiction of a judicial
review of a matter for ordering arbitration to resolve a dispute involving
the denial, suspension, or revocation of a license under this section or
the conduct with respect to which the denial, suspension, or revocation of
the license is sought. 

SECTION 2. Amends Section 242.062, Health and Safety Code, by adding
Subsection (e), to prohibit a court having jurisdiction of a judicial
review of a matter for ordering arbitration to resolve a dispute involving
an emergency suspension or closing order under this section or the conduct
with respect to which the emergency suspension or closing order is sought. 

SECTION 3. Amends Section 242.072, Health and Safety Code, by adding
Subsection (f), to prohibit a court having jurisdiction of a judicial
review of a matter for ordering arbitration to resolve a dispute involving
an order suspending admissions under this section or the conduct with
respect to which the order suspending admissions is sought. 

SECTION 4. Amends Section 242.094, Health and Safety Code, by adding
Subsection (f), to prohibit a court having jurisdiction of a judicial
review of a matter from ordering to resolve the legal issues of a dispute
involving the appointment of a trustee under this section or conduct with
respect to which the appointment of trustee is sought. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Emergency clause.