HBA-ATS H.B. 3037 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3037
By: Smithee
Civil Practices
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

In an action governed by the Medical Liability and Insurance Improvement
Act (act), a claimant is required either to file a $5,000 cost bond or
place $5,000 in an escrow account for each physician or health care
provider named in the action, or to file an expert report (report) for each
physician or health care provider, by the 90th day after the date suit is
brought.  The court is required to dismiss the lawsuit if the plaintiff
fails to meet the requirements of the act.  The act does, however, provide
for some leniency before the court will dismiss.  The court is authorized,
for good cause shown after a motion and hearing, to extend the 180-day
period for an additional 30 days.  In addition, the court is required to
grant a grace period of 30 days to permit the claimant to comply with the
180-day period if the court finds that the failure of the claimant or the
claimant's attorney was not intentional or the result of conscious
indifference but was the result of an accident or mistake. 

Despite these statutorily-mandated time lines, some courts have held that
claimants are entitled to a 30-day grace period retroactively validating
the expert report if the failure to supply the report within the extended
deadlines was not intentional or the result of conscious indifference but
was the result of an accident or mistake.  H.B. 3037 specifies that the
additional 30-day period the court may grant a claimant, for good cause
shown after a motion and hearing, extends past the 180th day after the date
on which the health care liability claim was filed.  In addition, this bill
adds provisions prohibiting a mistake in the interpretation or application
of the law to the facts of the case from constituting valid grounds for
relief, and requiring the court to state on the record its findings of fact
and conclusions of law that constitute the basis of the court's decision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.01, Subchapter M, Article 4590i, V.T.C.S., as
follows: 

(f) Specifies that the additional 30-day period the court may grant a
claimant, for good cause shown after a motion and hearing, extends past the
180th day after the date on which the health care liability claim was
filed.  Adds a provision that any motion filed under this subsection that
seeks an extension of time must be filed with the court and served on the
opposing party before the time established in Subsection (d) expires. 

(g) Adds a provision prohibiting a mistake in the interpretation or
application of the law to the facts of the case from constituting valid
grounds for relief under this subsection.  Adds a provision requiring a
court that grants relief under this subsection to state on the record its
findings of fact and conclusions of law that constitute the basis of the
court's decision. 

(j) Provides that nothing in this section shall be construed to require the
furnishing, rather than filing, of an expert report. 

SECTION 2.  Makes application of this Act prospective.

 SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.