FIFTY-SECOND LEGISLATUREHB 270/a

SECOND SESSION, 2016



February 16, 2016


Mr. President:


    Your JUDICIARY COMMITTEE, to whom has been referred


HOUSE BILL 270, as amended


has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:


    1. Strike House Judiciary Committee Amendment 1.


    2. Strike House Floor Amendment number 1.


    3. On page 1, line 11, after the semicolon, strike the remainder of the line and strike lines 13 through 16 and insert in lieu thereof:


"ENFORCING EXCLUSIVE FORUM SELECTION AND CHOICE OF LAW PROVISIONS IN CERTAIN HEALTH CARE PROVIDER CONTRACTS.".


    4. On page 1, strike lines 21 through 25 in their entirety.


    5. On page 2, strike lines 1 through 25 in their entirety.


    6. On page 3, strike lines 1 through 6 in their entirety.


    7. On page 3, between lines 6 and 7, insert the following:


    "[NEW MATERIAL] EXCLUSIVE FORUM SELECTION AND CHOICE OF LAW PROVISIONS IN HEALTH CARE PROVIDER CONTRACTS--ENFORCEMENT.--


         A. Exclusive forum selection and choice of law provisions regarding claims or civil actions against a health care provider for medical treatment, lack of medical treatment or other claimed departure from accepted standards of health care that proximately results in injury to a patient, whether the claim or cause of action sounds in tort or in contract, including actions based on battery or wrongful death, shall be enforced by the courts of this state.


         B. As used in this section,".


    8. On page 3, between lines 20 and 21, insert the following new section:


    "SECTION 2. DELAYED REPEAL.--Section 1 of this act is repealed effective July 1, 2019.".



                               Respectfully submitted,




                               ___________________________________

                               Richard C. Martinez, Chairman




Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)



                  Date ________________________



The roll call vote was 10 For 0 Against

Yes:     10

No:      0

Excused: None

Absent:  None



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