SRC-JBJ H.B. 3452 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3452
By: Hilderbran (Moncrief)
Human Services
5/13/1999
Engrossed


DIGEST 

Currently, a licensed nursing home or convalescent home may elect
arbitration in a dispute with its regulating state agency, the Texas
Department of Human Services.  The suit must relate to renewal of a
license, suspension or revocation of a license, assessment of a civil
penalty, or assessment of certain penalties.  In a case that involves
death, serious bodily injury, sexual abuse, or physical abuse of a resident
related to a dispute concerning a license or certain penalties, the
institution may elect arbitration, as well, as it would with less serious
alleged violations.  The election is made without approval or agreement
from the department.  H.B. 3452 would prohibit arbitration from being
elected in certain lawsuits, and would authorize an affected institution
and the department to elect arbitration by notifying the court. 

PURPOSE

As proposed, H.B. 3452 amends regulations regarding the election of
arbitration between the Texas Department of Human Services and a nursing
home or convalescent home. 

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 242.252, Health and Safety Code, to authorize
certain institutions to elect binding arbitration, except as provided by
Subsection (d), by filing the election with the court in which the lawsuit
is pending and sending notice of the election to the Texas Department of
Human Services (department) and the office of the attorney general.
Requires the election to be filed by a certain date.  Requires the
institution to elect the arbitration by a certain date if a penalty is
sought. Authorizes the department to elect arbitration by filing the
election with the court in which the lawsuit is pending and by notifying
the institution of the election by a certain date.  Prohibits arbitration
from being used to resolve a dispute related to an affected institution
that has had an award levied against it in the previous five years.  Sets
forth action for a court and the State Office of Administrative Hearings if
arbitration is not permitted under this subchapter or election of
arbitration is not timely filed.  Makes conforming changes. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.