75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 393
 
                         Senate Bill 518
 
Sponsored by Senator MORRISETTE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that parties may not waive dispute resolution in
certain cases arising out of provision of health care.
 
                        A BILL FOR AN ACT
Relating to dispute resolution; creating new provisions; and
  amending ORS 31.250.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.250 is amended to read:
  31.250. (1) In any action described in subsection (5) of this
section, all parties to the action and their attorneys must
participate in some form of dispute resolution within 270 days
after the action is filed unless  { - : - }
    { - (a) - }  the action is settled or otherwise resolved
within 270 days after the action is filed  { - ; or - }
    { - (b) All parties to the action agree in writing to waive
dispute resolution under this section - } .
  (2) Dispute resolution under this section may consist of
arbitration, mediation or a judicial settlement conference.
  (3) Within 270 days after filing an action described in
subsection (5) of this section, the parties or their attorneys
must file a certificate indicating that the parties and attorneys
have complied with the requirements of this section.
  (4) The court may impose appropriate sanctions against any
party or attorney who:
  (a) Fails to attend an arbitration hearing, mediation session
or judicial settlement conference conducted for the purposes of
the requirements of this section;
  (b) Fails to act in good faith in any arbitration, mediation or
judicial settlement conference conducted for the purposes of the
requirements of this section;
  (c) Fails to timely submit any documents required for an
arbitration, mediation or judicial settlement conference
conducted for the purposes of the requirements of this section;
or
  (d) Fails to have a person with authority to approve a
resolution of the action available at the time of any arbitration
hearing, mediation session or judicial settlement conference
conducted for the purposes of the requirements of this section,
unless the party or attorney receives from the court, before the
hearing, session or conference commences, an exemption from the
requirements of this paragraph.
  (5) The provisions of this section apply to any action in which
a claim for damages is made against a health practitioner, as
described in ORS 31.740, or against a health care facility, as
defined in ORS 442.015, based on negligence, unauthorized
rendering of health care or product liability under ORS 30.900 to
30.920.
  SECTION 2.  { + The amendments to ORS 31.250 by section 1 of
this 2009 Act apply only to actions filed on or after the
effective date of this 2009 Act. + }
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