Texas House Bill HB33

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Relating to alternative methods of dispute resolution in certain disputes between the Department of Aging and Disability Services and an assisted living facility licensed by the department.

Impact

The bill amends Section 247.051 of the Health and Safety Code to require the Health and Human Services Commission to set up a formal informal dispute resolution process. This process will require facilities to request dispute resolution within ten days of notification of a violation and mandates that the commission complete the resolution process within ninety days. By emphasizing informal resolution, the bill aims to alleviate some of the burdens placed on both the facilities and the department while addressing compliance matters.

Summary

House Bill 33 aims to establish an alternative method of dispute resolution specifically for disputes that arise between the Department of Aging and Disability Services and assisted living facilities. This bill is intended to provide a mechanism that allows for informal dispute resolution processes rather than relying solely on traditional court proceedings. The goal is to create a more efficient and less adversarial environment for resolving conflicts related to statements of violations issued to these facilities.

Contention

There are potential points of contention regarding the level of transparency and impartiality in the informal resolution process. Critics may raise concerns about whether facilities can effectively dispute violations without the protections that formal litigation offers. Additionally, the bill stipulates that certain information related to the dispute may remain confidential, which could lead to disputes over accountability and compliance oversight. The binding arbitration option provided in the bill further complicates this dynamic, as parties may find themselves bound to outcomes that they might otherwise contest in a court setting.