By: Moncrief S.B. No. 1050
99S0757/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of arbitration to resolve certain disputes
1-2 involving nursing facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 242.252, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 242.252. Election of Arbitration. (a) Except as
1-7 provided by Subsection (d), an [An] affected institution may elect
1-8 binding arbitration of any dispute to which this subchapter
1-9 applies. Arbitration under this subchapter is an alternative to a
1-10 contested case hearing or to a judicial proceeding relating to the
1-11 assessment of a civil penalty.
1-12 (b) An affected institution may elect arbitration under this
1-13 subchapter by filing the election with the court in which the
1-14 dispute is pending, with notice sent to both the department and the
1-15 office of the attorney general, not later than the 10th day after
1-16 the date on which an answer is due or the date on which an answer
1-17 is filed, whichever is sooner, [a notice of hearing] relating to
1-18 any dispute described by Section 242.251 is received by the
1-19 institution.
1-20 (c) The department may elect arbitration under this
1-21 subchapter by filing the election with the court in which the
1-22 dispute is pending and by notifying the institution of the election
1-23 not later than the date that the institution may elect arbitration
1-24 under Subsection (b).
2-1 (d) An affected institution may not elect arbitration under
2-2 this subchapter to resolve a dispute in which death, serious bodily
2-3 injury, sexual abuse, physical abuse, or neglect resulting in death
2-4 or serious bodily injury of a resident is alleged. The department
2-5 may elect arbitration under this subsection with the approval of
2-6 the affected institution. The affected institution must notify the
2-7 department regarding approval of the election under this subsection
2-8 no later than the 10th day after the date the department files its
2-9 notice of election.
2-10 (e) (1) If an election of arbitration is not permitted under
2-11 this subchapter, whether because the filing of the notice of the
2-12 election is not timely or because the filing is not permitted under
2-13 Subsection (d), the court with which the election is filed shall
2-14 dismiss the election and retain jurisdiction of the dispute.
2-15 (2) If an election of arbitration is not permitted
2-16 under this subchapter, whether because the filing of the notice of
2-17 election is not timely or because the filing is not permitted under
2-18 Subsection (d), the State Office of Administrative Hearings shall
2-19 not have jurisdiction over the matter and shall dismiss the
2-20 arbitration. The court in which the suit was filed shall retain
2-21 jurisdiction over the matter.
2-22 (f) An election to engage in arbitration under this
2-23 subchapter is irrevocable and binding on the institution and the
2-24 department.
2-25 SECTION 2. The changes in law made by this Act apply only to
2-26 a cause of action that accrues on or after the effective date of
3-1 this Act. A cause of action that accrues before the effective date
3-2 of this Act is governed by the law in effect on the date the cause
3-3 of action accrues, and that law is continued in effect for that
3-4 purpose.
3-5 SECTION 3. This Act takes effect September 1, 1999.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.