SRC-MKV H.B. 3152 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3152
By: Capelo (Brown, J. E. "Buster")
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, hospitals are required to provide procedural due process
to certain medical practitioners when considering applications for medical
staff membership and privileges or the renewal, modification, or revocation
of medical staff membership and privileges.  Medical practitioners have no
recourse if a hospital does not adhere to this rule of law.  H.B. 3152
establishes provisions for alternative dispute resolution for a  physician,
podiatrist, or dentist relating to a  physician's, podiatrist's, or
dentist's medical staff membership or privileges. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

H.B. 3152 amends the Health and Safety Code to authorize a  physician,
podiatrist, or dentist (medical professional) to request that the hospital
participate in alternative dispute resolution procedures or binding
arbitration if: 

_the medical professional has been affected by professional review action
that adversely affects the medical staff membership or privileges of the
medical professional for a period longer than 30 days and the medical
professional believes the action has been taken without due process; or 

_the hospital's credentials committee has failed to take action on a
completed application for medical staff membership or privileges. 

If the hospital does not agree to participate in alternative dispute
resolution procedures or the affected medical professional requests binding
arbitration, the bill requires the hospital to participate in binding
arbitration.  If the hospital does not agree to participate in alternative
dispute resolution procedures, or the medical professional requests binding
arbitration, the hospital is required to participate in binding
arbitration.  A request for alternative dispute resolution is not a
prerequisite for binding arbitration. 

Effective date: upon passage or September 1, 2001.