§ 7550. Definitions. As used in this article: (a) “Arbitration administrator” means an entity designated by the superintendent of financial services to administer the arbitration of disputes pursuant to this article. (b) “Hospital” has the same meaning as is set forth in subdivision ten of section twenty-eight hundred one of the public health law. (c) […]
§ 7551. Applicability. The provisions of this article shall apply to all claims for damages because of injury or death resulting from health care or treatment rendered or failed to be rendered to enrollees and other covered family members of health maintenance organizations and all other claims, cross-claims, counter-claims, and claims for contribution and indemnity […]
§ 7552. Health care arbitration proceedings. (a) Proceedings pursuant to this article shall be commenced and conducted in accordance with article seventy-five of this chapter, except as otherwise provided by this article, and in accordance with rules promulgated by the arbitration administrator and approved by the superintendent of financial services. (b) The standards of duty, […]
§ 7553. Costs of the proceeding. The administrative expense of arbitrations shall be paid from the arbitration administration fund established pursuant to section five thousand six hundred three of the insurance law.
§ 7554. Selection of arbitrators. (a) An arbitration under this article shall be heard by a panel of three arbitrators. The chairperson of the panel shall be an attorney who shall be appointed to serve in such capacity on a full-time basis for a fixed term. The chairperson shall have jurisdiction over prehearing procedures. Qualifications […]
§ 7555. Screening for bias; communication with arbitrator candidates. (a) Prior to inclusion on a list of proposed associate arbitrators, the arbitration administrator shall make an appropriate initial screening for bias and shall require associate arbitrator candidates for a particular case to complete a current personal disclosure statement under oath. In addition to other relevant […]
§ 7556. Demand for arbitration; minors; consolidation of proceedings. (a) Any person subject to an arbitration agreement may seek to compel arbitration, pursuant to section seventy-five hundred three or section thirty hundred forty-five of this chapter. (b) Notwithstanding the provisions of section twelve hundred nine of this chapter, a minor child and a person judicially […]
§ 7557. Reparation offers; denials of liability. All communications incidental to settlement made orally or in writing by any party shall not be disclosed to the arbitration panel, unless all parties consent to such disclosure.
§ 7558. Depositions and discovery; rules of the arbitration administrator; adjournments. (a) After the appointment of the panel of arbitrators and notwithstanding inconsistent provisions of sections four hundred eight and three thousand one hundred two of this chapter, the parties to the arbitration may take depositions and obtain discovery regarding the subject matter of the […]
§ 7559. Hearing; evidence; record; neutral experts. (a) An arbitration hearing shall be informal and the rules of evidence shall be those applicable to arbitrations conducted pursuant to article seventy-five of this chapter. (b) Testimony at the hearing shall be taken under oath and a record of the proceedings shall be made by a recording […]
§ 7560. Subpoenas. The chairperson of the panel and any attorney of record in the proceeding has the power to issue subpoenas, in accordance with section seventy-five hundred five of this chapter.
§ 7561. Use of depositions; enforcement of discovery procedures. (a) On application of a party to the arbitration, the chairperson may permit the deposition of a witness to be used as evidence, in accordance with the provisions of rule three thousand one hundred seventeen of this chapter. (b) Depositions shall be taken in the manner […]
§ 7562. Witnesses’ fees and mileage; arbitrators’ fees and expenses. (a) Except for the parties to the arbitration and their agents, officers, and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions. […]
§ 7563. Briefs; award; decision. (a) The panel may order that written briefs be submitted within thirty days after the close of hearings. In written briefs each party may summarize the evidence and testimony and may propose a comprehensive award of compensatory elements. (b) The panel of arbitrators shall render its decision by majority vote […]
§ 7564. Form of decision; costs upon frivolous claims and counterclaims. (a) The decision in the arbitration proceeding shall be in the form required by sections seven thousand five hundred seven and four thousand two hundred thirteen of this chapter and shall be filed with the arbitration administrator. (b) The panel of arbitrators shall be […]
§ 7565. Modification and judicial review of decision. A decision of a panel of arbitrators shall be binding on all parties, unless modified or vacated pursuant to section seven thousand five hundred nine or seven thousand five hundred eleven of this chapter.
