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.