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.