671D-11 Standards for professional review actions.
§671D-11 Standards for professional review actions. (a) For purposes of the protection set forth in section 671D-10, a professional review action must be taken: (1) In the reasonable belief that the action was in the furtherance of quality health care; (2) After a reasonable effort to obtain the facts of the matter; (3) After adequate […]
672B-13 Submission of claim to an alternative dispute resolution provider.
§672B-13 Submission of claim to an alternative dispute resolution provider. (a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the claim and with the written approval of the director. The director shall approve […]
671D-12 Attorney’s fees.
§671D-12 Attorney’s fees. (a) In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 671D-11(a) and the defendant substantially prevails, the court, at the conclusion of the action, shall award to a substantially prevailing party defending against any such claim the cost of the […]
671D-13 Guidelines of the director.
§671D-13 Guidelines of the director. The director, in consultation with the director of the department of health, may adopt pursuant to chapter 91, such rules and voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 671D-11(a). [L 1989, c 354, pt of §3 and c 363, pt of […]
671D-14 Construction.
§671D-14 Construction. (a) Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law. (b) Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health […]
672B-1 Definitions.
§672B-1 Definitions. As used in this chapter: “Department” means the department of commerce and consumer affairs. “Design professional” means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. “Director” means the director of commerce and consumer affairs. [L 2007, c 207, pt of §2]
672B-2 Administration of chapter.
§672B-2 Administration of chapter. The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 2007, c 207, pt of §2]
672B-3 Design claim conciliation panels; composition, selection, compensation.
§672B-3 Design claim conciliation panels; composition, selection, compensation. (a) There are established design claim conciliation panels that shall review and render findings and advisory opinions on the issues of liability and damages in tort claims against design professionals licensed to practice under chapter 464. (b) If all parties to a tort claim against a design […]
671-18 Statute of limitations tolled.
§671-18 Statute of limitations tolled. The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until sixty days after the termination of the panel or the notification […]
671-19 Duty to cooperate; assessment of costs and fees.
§671-19 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care […]