HBA-DMH C.S.H.B. 3152 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3152
By: Capelo
Civil Practices
4/29/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.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

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. 

ANALYSIS

C.S.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, the medical professional as been adversely
affected by a professional review action, or the credential's committee
fails to take action on an application a cause of action by a medical
professional is not authorized against the hospital other than an action to
require a hospital to participate in binding arbitration.  A request for
alternative dispute resolution is not a prerequisite for binding
arbitration. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3152 differs from the original by setting forth provisions for
alternative dispute resolution or binding arbitration between a  physician,
podiatrist, or dentist (medical professional) and a hospital under  certain
conditions.  The substitute removes the provision authorizing a medical
professional to bring an action for damages, including actual damages,
reasonable court costs and attorney's fees, and other appropriate relief.