671-11 Medical inquiry and conciliation panels; composition, selection, compensation.
Note Part heading amended by L 2012, c 296, pt of §4. §671-11 Medical inquiry and conciliation panels; composition, selection, compensation. (a) There are established medical inquiry and conciliation panels which shall facilitate the resolution of inquiries regarding the rendering of professional services by health care providers that involve injury, death, or other damages to […]
671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: (1) The party’s inability to pay the filing fee; (2) The party’s belief that the party is entitled to redress; and (3) A statement of the issues that the party intends to present at proceedings before a medical inquiry and conciliation panel. (b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted. (c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director’s order granting or denying the motion. (d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14. (e) If the director denies a party’s motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until the time that a final judicial determination is rendered. (f) If the party files an appeal under section 91-14, and the court upholds the director’s denial of the aggrieved party’s motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court’s affirmation of the denial. If the court determines that the party’s motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 1995, c 213, §1; am L 2012, c 296, pt
§671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: […]
671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry.
§671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry. (a) Any person or the person’s representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstances of the inquiry […]
671-12.5 Certificate of consultation.
§671-12.5 Certificate of consultation. (a) Any inquiry filed with the medical inquiry and conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (1) That the party initiating the inquiry or the party’s attorney has consulted with at least one physician who is licensed to practice in this […]
671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement.
§671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement. [(a)] Every inquiry regarding a medical tort shall be processed by the medical inquiry and conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the persons listed in […]
671-14 Same; persons attending proceedings of panel.
§671-14 Same; persons attending proceedings of panel. Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel: (1) The party or parties submitting the inquiry; (2) The health care provider or providers against whom the inquiry is submitted or representatives thereof, other than counsel, authorized to act for the […]
671-15 Panel termination.
§671-15 Panel termination. The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the matter failed to meet the requirements of this part or […]
671-15.5 Expungement of records; malpractice insurance rates.
§671-15.5 Expungement of records; malpractice insurance rates. (a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the […]
671-16 Subsequent litigation; excluded evidence.
§671-16 Subsequent litigation; excluded evidence. [(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to section 671-15; a party has participated in alternative dispute resolution pursuant to section 671-16.6; or the twelve-month […]
671-16.5 Arbitration; subsequent litigation.
§671-16.5 Arbitration; subsequent litigation. Any person or the person’s representative claiming that a medical tort has been committed or any health care provider against whom an inquiry has been made may elect to bypass the court annexed arbitration program under section 601-20 after the inquiry has been submitted to the medical inquiry and conciliation panel […]