21-25B-1. Services covered by arbitration agreements between hospitals or physicians and patients–Termination as to future services–Effect. Voluntary agreements pursuant to §21-25A-1 between hospitals or physicians and patients relating to services provided to the patient may, by their terms, provide for past and future services by and between the parties to the agreement; provided, however, that […]
21-25B-10. Appointment of arbitration officer–Qualifications–Filing of papers with officer. The presiding judge of the circuit court shall, within ten days after institution as a claim pursuant to §21-25B-6, appoint an arbitration officer to sit with the health care services arbitration panel. The arbitration officer shall be an individual licensed to practice law in the State […]
21-25B-11. Duties of arbitration officer. The duties of the arbitration officer are: (1)To act as liaison between the health care services arbitration panel and the presiding judge of the circuit court; (2)To advise the health care services arbitration panel on questions of law and procedure and rule on admissibility of evidence as provided in §21-25B-23; […]
21-25B-12. Service of claim on defendant–Defendant’s statement submitted to arbitration officer–Copy to claimant. The arbitration officer shall, within five days of appointment, serve a copy of the written statement of claim upon the defendant or defendants by registered or certified mail. The defendant shall, within twenty days following receipt of a copy of the written […]
21-25B-13. Three-member panel selected for small claims–Selection process. If the damages sought do not exceed ten thousand dollars, the arbitration panel shall consist of three members. Each party may select one member from the panel. If a party does not wish to select his member from the panel, he may petition the presiding judge of […]
21-25B-14. Five-member panel for large claims–Selection process. If the damages claimed exceed ten thousand dollars, the panel shall consist of five members. In that event, each party may select two members from the panel and the same selection process that is set forth regarding the three-member panel shall be followed. Source: SL 1976, ch 155, […]
21-25B-15. Five-member panel for multiple parties–Selection process. In all cases, if there is more than one plaintiff or defendant a five-member panel shall be appointed regardless of the amount of damages involved. If there are two plaintiffs or defendants, each may select one member of the panel in the same manner as provided in §21-25B-13. […]
21-25B-16. Striking selections for five-member panel. In the case of a five-member panel each party may strike one choice of the other party. In such case the party whose choice has been struck shall make another selection. In the case of multiple plaintiffs or defendants, any panel member to be struck shall be mutually agreed […]
21-25B-17. Refusal to serve as panel member or arbitration officer–Withdrawal after agreement to serve. Any individual who is selected as a member of any health care services arbitration panel or as an arbitration officer may, without cause, refuse to serve. However, once he has agreed to serve he cannot then refuse to serve unless his […]
21-25B-18. Continuation of panel member’s service until determination of existing controversy. Any member serving on a health care services arbitration panel selected to consider an existing controversy shall continue to serve on such panel as to such controversy until it has been finally determined irrespective of whether his term of office has expired. Source: SL […]
21-25B-19. Disability or disqualification of panel member–Petition for court-appointed replacement–Prior exhibits and testimony available–Recommendation by originally appointing party. If any person serving on a health care services arbitration panel becomes disabled or is disqualified from service thereon for any reason, the presiding judge of the circuit court shall, upon petition of any party to the […]
21-25B-2. Parents and fiduciaries authorized to enter arbitration agreements on behalf of others–Nonliability. Natural parents having custody of a minor child and personal representatives of an estate, or a guardian or conservator for a ward may, notwithstanding other statutes to the contrary, enter into a binding arbitration agreement on behalf of the person, estate, beneficiary, […]
21-25B-20. Panel members to receive copies of statements. The arbitration officer shall send copies of the written statements of claim and of the defendant’s case to the panel members upon their selection. Source: SL 1976, ch 155, §19.
21-25B-21. Two-stage hearings–Waiting period between stages. Hearings before the health care services arbitration panel shall be in two stages. The first stage shall be a hearing to determine whether or not there is any liability on behalf of the defendant or defendants. If the panel does find liability, there shall be a thirty-day waiting period […]
21-25B-22. Transcription of hearing–Expert witnesses–Expenses of panel members. The hearing before the health care services arbitration panel shall be transcribed by a court reporter. The panel may retain expert witnesses to aid in its determination. Expenses incurred by the panel shall be paid out of the health care services arbitration account. Source: SL 1976, ch […]
21-25B-23. Discovery procedures–Evidence–Privilege and confidentiality–Hearings closed to public. The discovery rules contained in the South Dakota Rules of Civil Procedure shall apply to proceedings before the health care services arbitration panel. Any motion for relief arising out of the use of such discovery procedures shall be decided by the arbitration officer. Irrelevant, immaterial, or unduly […]
21-25B-24. Records and files of panel closed to public until judgment–Court order for disclosure–Record filed with clerk of courts. Records and files of proceedings before the health care services arbitration panel shall not, until the entry of judgment therein, be open to public inspection or examination, and the parties thereto or the subject thereof shall […]
21-25B-25. Per diem and expenses of panel members–Compensation of arbitration officer–Payments from health care services arbitration account. Each member of the panel shall receive one hundred dollars per day plus expenses at the same rate as other state officers as compensation for his services on the panel. The presiding judge of the circuit court shall […]
21-25B-26. Immunity of panel members and arbitration officers for official actions or recommendations. No member of the health services arbitration panel nor the arbitration officer shall be liable in damages for any action taken or recommendation made by such panel member or arbitration officer acting within his official capacity as a member of the health […]
21-25B-3. Warning clause required in arbitration agreement. The arbitration agreement between hospitals or physicians and patients shall contain the following provision in twelve-point boldface type immediately above the space for signature of the parties: The agreement to arbitrate is not a prerequisite to health care or treatment. By signing this contract you are agreeing to […]
