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Click here for the full text of this decision FACTS:On Jan. 18, 2006, while a resident at Christus Health, a drug and alcohol treatment center, Bennie Beal III, was injured when the bed in which he was sleeping collapsed. The bed consisted of a wooden frame; a flat, metal-spring platform that rested on wooden slats mounted on the inside of the bed frame; and a mattress, which rested on the metal-spring platform. According to his deposition, Beal was asleep when the metal-spring platform and the mattress fell through the wooden bed frame to the floor. The fall awakened him, but he could not move because of excruciating pain in his neck, back, arms and legs. Because he could not get up, Beal called for help. Twenty or 30 minutes later, another resident heard Beal calling for help and notified Louise Shepherd, a Christus staff member, about Beal’s fall. When she came into his room, Beal told Shepherd that he could not get up on his own. Eventually Shepherd was able to help Beal over the wooden bed frame and into the other bed in his room. Later that morning, Beal took a taxi to the emergency room, where he was told that he had a severe injury to his spinal cord, which later required surgery. On May 11, 2006, Beal filed suit against Christus, alleging negligence. On Sept. 29, 2006, Christus filed a motion to dismiss, arguing that because Christus was a health-care entity and Beal’s claim was a health-care liability claim, his claim should be dismissed because he failed to file an expert report pursuant to Texas Civil Practice & Remedies Code �74.351. Without making findings of fact or conclusions of law, the trial court denied Christus’ motion to dismiss. HOLDING:Affirmed. Christus argued that the trial court abused its discretion in denying the motion to dismiss, because Christus was a health-care provider and Beal asserted a health care liability claim. Christus argued that it qualified as a health-care provider, because: it was licensed by the State of Texas; it provides health care; and it was a residential drug and alcohol treatment program, such as is found in detoxification facilities. The court found that drug and alcohol treatment centers were not included in a list of types of health-care providers Texas Civil Practice & Remedies Code �74.001(12), but also found that that list was not exclusive. To determine whether Christus qualified as a health-care provider, the court determined whether it was a “person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Texas to provide health care.” Based on the evidence in the record, the court concluded that Christus was a health-care provider. Christus then argued that Beal’s claims about an unsafe bed constituted health care liability claims. The proper inquiry, the court stated, was whether Beal’s claims derive from Christus’ provision of medical services for drug rehabilitation. Here, the underlying nature of Beal’s claims against Christus derived from the bed’s collapse and not from Christus’ provision of medical services for drug and alcohol rehabilitation. Furthermore, the court stated, Christus cited no health care regulations or directives peculiar to its status as a drug and alcohol treatment center nor any industry safety standards that it allegedly violated and that would have justified expert testimony. OPINION:Keyes, J.; Keyes, Higley and Wilson, JJ.

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