reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.45 - Time for filing opposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party's answer to preliminary objections and the memorandum of law in support
					 of the answer shall be filed within 20 days after service of the preliminary
					 objections upon the party. A party's answer to all other motions and the
					 memorandum of law in support of the answer shall be filed within ten days after
					 service of the motion upon the party.
(b) A party's failure to timely file formal
					 opposition may be deemed an admission that there is no objection to the
					 preliminary objections or motion.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.46 - Formal motions

Current through Register Vol. 54, No. 28, July 13, 2024
Letters shall not be used as substitutes for pleadings,
						motions, briefs, praecipes, answers to motions or other legal
						papers.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREARBITRATION HEARING MOTIONS › Section 171.47 - Withdrawal of motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where
					 a party wishes to withdraw his preliminary objections or motion, he shall
					 promptly file a praecipe to withdraw the preliminary objections or motion from
					 consideration.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.51 (relating to withdrawal of
					 pleadings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MOTIONS FOLLOWING THE APPOINTMENT OF A CHAIRPERSON › Section 171.51 - Scope and contents of motions

Current through Register Vol. 54, No. 28, July 13, 2024
After a hearing has commenced in a proceeding, a request
						may be made by motion for any procedural or interlocutory ruling or relief
						desired and permitted by Pa.R.C.P. except as may be otherwise expressly
						provided in this chapter. Motions shall set forth the ruling or relief sought,
						and state the grounds therefor and the legal authority relied
						upon.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MOTIONS FOLLOWING THE APPOINTMENT OF A CHAIRPERSON › Section 171.52 - Presentation of motions

Current through Register Vol. 54, No. 28, July 13, 2024
Motions may be made in writing at any time. Motions made
						during hearings may be stated orally upon the record or the arbitration panel
						chairperson may require that such oral motions be reduced to writing and filed
						separately. Any objections to the motions shall be made
						promptly.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MOTIONS FOLLOWING THE APPOINTMENT OF A CHAIRPERSON › Section 171.53 - Action on motions

Current through Register Vol. 54, No. 28, July 13, 2024
The arbitration panel chairperson is authorized to rule
						upon any motion not formally acted upon by the Administrator prior to the
						commencement of the hearing, where immediate ruling is essential in order to
						proceed with the hearing and upon any motion filed or made after his
						appointment as panel chairperson.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › CONCILIATION PROCEDURE › Section 171.61 - Conciliation conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 any time after the filing of the complaint, any party may file a request for a
					 conciliation conference in the form in §
											171.154 (relating to form for
					 request for conciliation conference). In addition, at any time, the
					 Administrator may determine that a conciliation conference would be beneficial
					 to the progress of the claim and direct the parties or their counsel to
					 attend.
(b) At a time and place
					 designated by the Administrator with due consideration of those required to
					 attend, the counsel to the parties and those parties for whom there is no
					 counsel of record shall meet with the Administrator or his deputy to discuss
					 possible settlement, compromise, or discontinuance of the claim. The
					 Administrator may require any party or his representative to attend in
					 person.
(c) Unless otherwise
					 directed, at least 14 days prior to the conciliation conference, each party or
					 his counsel shall submit to the Administrator a conciliation conference
					 memorandum stating his view of the case and the terms and conditions of a
					 possible settlement. While such memoranda will be held in confidence by the
					 Administrator and not be given to the members of the arbitration panel, other
					 parties, or members of the public, the parties are encouraged to exchange their
					 memoranda prior to the conciliation conference.
(d) Prior to the conciliation conference,
					 counsel shall discuss the issues of liability, damages and settlement with his
					 client. Counsel shall come to the conciliation conference prepared and
					 authorized to settle the action at an amount approved by his client.
(e) Unless waived by the Administrator, at
					 least one conciliation conference shall be held prior to the filing of a
					 certificate of readiness.
(f)
					 Subsections (a)-(e) supersede 1 Pa. Code §§
											35.111-35.116 (relating to prehearing
					 conferences).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › CONCILIATION PROCEDURE › Section 171.62 - Contents of conciliation conference memorandum

Current through Register Vol. 54, No. 28, July 13, 2024
The conciliation conference memorandum shall include or
						have attached thereto, where appropriate to the respective parties, the
						following:
(1) A summary of all items
					 of damages which the plaintiff intends to prove, including medical and hospital
					 expenses and loss of earnings. Claims for loss of earnings shall set forth the
					 names of employers, dates of absences and rates of pay. If plaintiff is
					 self-employed, information which forms the basis of the claim for the loss of
					 earnings shall be supplied.
(2)
					 Medical reports of any doctor who treated, examined or was consulted in
					 connection with the injury forming the basis of the claim.
(3) All hospital records pertaining to the
					 injury forming the basis of the claim. If reproduction of all records would be
					 burdensome, the party shall instead produce a copy of the admission and
					 discharge records and any other relevant records.
(4) The written reports of any expert whom
					 the party expects to call at the arbitration hearing. The reports shall include
					 the findings and conclusions of the expert.
(5) A statement fully disclosing all legal
					 theories and contentions which the parties intend to pursue at the arbitration
					 hearing.
(6) A statement indicating
					 whether the parties have conferred previously concerning possible settlement or
					 compromise of the claim and, if so, a statement of the lowest demand of the
					 plaintiff and the highest offer of the defendant.
(7) The party's evaluation of the case and
					 the dollar amount for which the party would settle the case.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.71 - Certificate of readiness

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 party who believes that a claim is ready for an arbitration hearing may submit
					 to the Administrator a certificate of readiness. The certificate of readiness
					 may be submitted by any party after the expiration of 60 days from the filing
					 of the initial complaint.
(b) The
					 certificate of readiness shall be properly captioned and contain a
					 certification stating:
(1) That the claim is
					 ready for assignment to an arbitration panel.
(2) That the filing party's discovery in the
					 case will be completed within 30 days after the date the Administrator confirms
					 that the claim is ready for arbitration pursuant to subsection (d).
(3) That the filing party has received the
					 opinion of an expert supporting his position or specific reasons why he will
					 not need expert testimony to prevail at the arbitration hearing.
(4) That a conciliation conference has been
					 held or waived by the Administrator.
(5) That serious settlement negotiations have
					 been conducted among the parties, but it does not appear further negotiations
					 will be productive.
(6) Whether the
					 claim involves a hospital administrator, podiatrist or osteopathic physician or
					 surgeon.
(7) That on or before the
					 day of filing, a copy of the certificate of readiness was mailed to or served
					 personally upon all other parties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.72 - Selection of panelists by stipulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties may not be restricted to the
					 arbitration panel members selected by the Administrator. Prior to the selection
					 of panel members by the Administrator or at any time there is a vacancy on an
					 arbitration panel, the parties may file with the Administrator a stipulation
					 requesting the Administrator to fill any vacancy with a named person to serve
					 within the appropriate category.
(b) The panel member candidates will be
					 invited to serve by the Administrator.
This section cited in 37 Pa. Code §
													171.74 (relating to filling
						  vacancies).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.73 - Panel selection procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 a certificate of readiness is filed in accordance with §
											171.71(e)
					 (relating to certificate of readiness), the Administrator will select a health
					 care provider, an attorney, and a layperson as arbitration panel members for
					 positions not already filled by stipulation of the parties. The Administrator
					 will send to each party a list of the panel members with a biographical
					 statement and a sample copy of the oath to be signed by each.
(b) Each party may challenge for cause any
					 panel members selected by the Administrator. The Administrator's determination
					 of a challenge for cause shall be conclusive.
(c) Each party may exercise a peremptory
					 challenge against one member of the panel selected by the Administrator. If a
					 party makes one or more challenges for cause, he may indicate in order of
					 preference the panel member against whom he would want to exercise his
					 peremptory challenge after any challenges for cause have been decided. Any
					 peremptory challenge not timely made to the panel members named on the list
					 sent by the Administrator shall be deemed waived as to those members.
(d) Any challenges for cause or peremptory
					 challenges must be received by the Administrator within 14 days from the
					 mailing of the list first naming the challenged panel members. If a party
					 learns of grounds for disqualification of an arbitration panel member, he shall
					 promptly notify the Administrator and all other parties. Any challenges for
					 cause filed more than 14 days after the mailing of the list of panel members
					 will be considered only upon a showing of good cause for the delay in making
					 the challenge and shall be based upon information received after the period for
					 making a timely challenge.
(e) In
					 order to achieve a fair distribution of peremptory challenges, the
					 Administrator may, where there is more than one plaintiff or more than one
					 defendant or more than one additional defendant, consider any one or more of
					 such groups as a single party.
This section cited in 37 Pa. Code §
													171.74 (relating to filling
						  vacancies); and 37 Pa. Code §
													171.77 (relating to transfer to a
						  Court of Common Pleas).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.74 - Filling vacancies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 any arbitration panel member should resign, die, withdraw, refuse, be
					 disqualified, or be unable to perform the duties of service, the Administrator
					 will, on proof satisfactory to him, declare the office vacant. Vacancies will
					 be filled in accordance with subsections (b) and (c).
(b) If the office is declared vacant prior to
					 the commencement of the hearing, the Administrator will appoint a substitute
					 member from the same category in which the vacancy exists and the procedure in
					 §
											171.73 (relating to panel
					 selection procedure) will be followed; however, only a party who has not
					 previously exercised his peremptory challenge may peremptorily challenge an
					 Administrator's appointee. The parties may stipulate to a substitute member
					 under §
											171.72 (relating to selection of
					 panelists by stipulation).
(c) If
					 the office is declared vacant after commencement of the hearing, the matter
					 shall be reheard before a new arbitration panel selected in accordance with
					 §
											171.73 unless all the parties,
					 with the approval of the administrator agree otherwise.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.75 - Panel membership requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No arbitration panel member may be
					 related by blood or marriage to a fellow panel member or to any party or
					 attorney of record in the claim.
(b) Panel members may reside in any county in
					 this Commonwealth, not merely the county in which the arbitration hearing will
					 be conducted.
(c) The attorney and
					 the health care provider members of each arbitration panel shall be or have
					 been practicing members of their respective professions. The attorney member
					 shall have at least 3 years of trial experience and be in good standing with
					 the Pennsylvania Supreme Court, and the health care provider member shall have
					 a current, valid license or be a hospital administrator.
(d) No panel member may be a party in a
					 current action based on professional malpractice.
(e) The parties may stipulate to waive any of
					 the requirements in this section and to promptly file the stipulation with the
					 Administrator.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.76 - Invitation and disclosure of interests of panel members

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After determining any challenges for
					 cause and noting peremptory challenges, the Administrator will invite the
					 selected members to serve on the arbitration panel. Prior to the arbitration
					 hearing, each invited member shall sign and file with the Administrator an
					 agreement to serve and an oath of office.
(b) A person invited to serve as an
					 arbitration panel member may decline to serve or shall disclose to the
					 Administrator under oath circumstances which might affect his
					 impartiality.
(c) The Administrator
					 will promptly communicate such disclosure to the parties. Written challenges
					 for cause based on the disclosure must be received by the Administrator within
					 14 days after the date on the Administrator's notice of disclosure or they
					 shall be deemed waived. Thereafter, the Administrator will determine in his
					 discretion whether the member should be disqualified and will inform the
					 parties of his decision, which will be conclusive.
(d) The fact that a panel member is insured
					 by the same company insuring the professional liability of a defendant or
					 additional defendant in the subject action shall not be grounds for a valid
					 challenge for cause.
(e) If an
					 arbitration panel member knowingly fails to make the required disclosure
					 contained in subsection (b), the Administrator will remove him from the
					 arbitration panel and from the list of future arbitration panel candidates and
					 will report the circumstances of the violation to the appropriate public
					 prosecutor or licensure board or to the Disciplinary Board of the Supreme Court
					 of Pennsylvania.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SELECTION OF ARBITRATION PANEL › Section 171.77 - Transfer to a Court of Common Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an arbitration panel is not selected
					 as defined in subsection (b) by the Administrator within 90 days after the
					 filing of a certificate of readiness as defined in §
											171.71 (relating to certificate of
					 readiness), the Administrator upon petition of any party will forthwith
					 transfer the claim to the Court of Common Pleas having venue over the claim as
					 defined in Pa.C.R.P. No. 1807.
(b)
					 For purposes of this section, an arbitration panel shall be considered selected
					 when the Administrator has chosen a health care provider, attorney, and
					 layperson to sit on that arbitration panel. After the selection is made, the
					 Administrator will send the list of panel members to the parties under §
											171.73 (relating to panel
					 selection procedure).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › PREHEARING CONFERENCE › Section 171.81 - Prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least 30 days before the date set for the arbitration panel hearing, counsel
					 for the parties and the parties for whom there is no counsel of record shall
					 meet with the panel chairperson in a prehearing conference. The parties to the
					 prehearing conference shall consider:
(1)
					 Simplification of the issues.
(2)
					 The exchange of exhibits and other documentary evidence proposed to be offered
					 in evidence.
(3) The obtaining of
					 admissions or stipulations regarding facts and the authenticity of documents
					 which might properly shorten the hearing.
(4) Limitation of the number of expert
					 witnesses to be called and scheduling of appearances of expert
					 witnesses.
(5) The estimated length
					 of the hearing.
(6) The date for
					 the first hearing and the scheduling of successive hearings.
(7) Other matters that may aid in the
					 expeditious consideration and disposition of the claim.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.91 - Hearing location

Current through Register Vol. 54, No. 28, July 13, 2024
Arbitration panel hearings shall be conducted in the
						county where the cause of action arose, but may, within the discretion of the
						Administrator, be held in any other place. The time and place for such initial
						hearing will be set by the Administrator after consultation with the
						chairperson of the panel. The Administrator or panel chairperson will send by
						certified mail, return receipt requested, notice of the hearing to each party
						or counsel of record and to each arbitration panel member at least 14 days in
						advance unless all parties waive the notice.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.92 - Requests for continuance or cancellation of an arbitration hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for a
					 continuance shall be made in writing and filed with the Administrator and a
					 copy sent to the panel chairperson. Following the arbitration hearing, the
					 chairperson shall notify the Administrator of time, costs and expenses incurred
					 by a continuance granted and the Administrator may tax the party who requested
					 the continuance for costs incurred by the Administrator as a result of the
					 continuance which costs would not have been incurred without the
					 continuance.
(b) When an action has
					 been settled or discontinued, the parties shall promptly notify the
					 Administrator and the panel chairperson. If notification is made within 14 days
					 of the scheduled arbitration hearing, each party shall bear an equal share of
					 any fees the Administrator is required to pay the panel members, excluding fees
					 paid to the panel chairperson for preparation for the arbitration
					 hearing.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.93 - Grounds for continuance

Current through Register Vol. 54, No. 28, July 13, 2024
The panel chairperson shall rule on a request for a
						continuance and shall notify the Administrator of his decision and the reason
						for any continuance granted. The grounds for continuance set forth in Pa.R.C.P.
						No. 216 shall be applicable to requests for continuance of an arbitration
						hearing.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.94 - Interpreter

Current through Register Vol. 54, No. 28, July 13, 2024
The Administrator will arrange for the services of an
						interpreter at the arbitration hearing upon the request of any party made at
						least 30 days before the arbitration hearing. The cost will be paid by the
						Administrator.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.95 - Trial briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least 7 days prior to the beginning of the arbitration hearing, each party, by
					 filing the original with the Administrator and a copy with the panel
					 chairperson, shall submit to the panel a trial brief.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.221 (relating to briefs and
					 oral agreement in absence of proposed report).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.96 - Arbitration hearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Arbitration hearings shall be opened by
					 the introduction of the oaths of the arbitration panel members and by recording
					 the place, time and date of the hearing and the presence of the members,
					 parties, and counsel.
(b) The
					 plaintiff shall first present his claim and proofs and his witnesses, who shall
					 submit to questions or other examination by the other parties and by the
					 arbitration panel chairperson. The defendant shall then present his defense and
					 proofs and his witnesses, who shall submit to questions or other examination by
					 the other parties and by the arbitration panel chairperson. The plaintiff shall
					 have the right to present evidence in rebuttal and the defendant shall have the
					 right to present evidence in surrebuttal. Panel members, other than the panel
					 chairperson, may question a witness only by submitting questions in writing to
					 the chairperson who shall propound them if he finds such questions to be
					 proper. The decision of the chairperson on the legal propriety of these
					 questions shall be conclusive.
(c)
					 The arbitration panel may in its discretion vary this procedure; but, in all
					 cases, it shall afford full and equal opportunity to all parties for the
					 presentation of any material and relevant proofs.
(d) The names and addresses of all witnesses
					 and exhibits in order received shall be made a part of the record.
(e) Subsections (a)-(c) supersede 1 Pa. Code
					 §§
											35.125,
					 35.126 and
					 35.137 (relating to order of
					 procedure; presentation by the parties; and oral examination).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.97 - Applicability of laws and rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in this chapter, the
					 arbitration panel is bound by the common and statutory law of the Commonwealth,
					 Pa.R.C.P. and the Pennsylvania rules of evidence.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.161 (relating to form and
					 admissibility of evidence).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.98 - Powers and duties of panel chairperson

Current through Register Vol. 54, No. 28, July 13, 2024
The chairperson of the arbitration panel shall supervise
						the decorum of the proceedings. The chairperson may make and enforce rules and
						orders:
(1) Limiting the number of
					 witnesses whose testimony is similar or cumulative.
(2) Limiting the number of attorneys
					 representing the same party or the same group of parties who may actively
					 participate in the trial of the case or may examine or cross-examine
					 witnesses.
(3) Regulating the
					 number and length of addresses to the arbitration panel.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.99 - Absence of panel member at hearing

Current through Register Vol. 54, No. 28, July 13, 2024
If any panel member, after having received due notice of
						his appointment and the date, time and place of the arbitration hearing, fails
						to attend the hearing and undertake the duties of the appointment or give
						notice of his necessary absence to the Administrator more than 7 days in
						advance of the scheduled hearing, unless as a result of illness or other
						unavoidable cause, the Administrator may require the panel member to pay a sum
						equal to the costs incurred by the Administrator as a result of his
						absence.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.100 - Hearing in absence of a party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The arbitration hearing may proceed in
					 the absence of any party who, after due notice, fails to be present or fails to
					 obtain a continuance.
(b) The
					 arbitration panel may dismiss the action upon failure of the plaintiff to
					 submit evidence and proof required for the making of an award.
(c) An award shall not be made solely on the
					 default of a defendant. The arbitration panel members shall require the
					 plaintiff to submit the evidence and proof as they may require for the making
					 of an award.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.101 - Hearing testimony under oath or affirmation

Current through Register Vol. 54, No. 28, July 13, 2024
All testimony taken before an arbitration panel shall be
						taken under oath or affirmation.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.102 - Admission of exhibits and deposition into evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No exhibit or portion of a deposition
					 shall be considered by an arbitration panel in its deliberations unless it is
					 admitted into evidence by the arbitration panel chairperson.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.151 (relating to status of
					 deposition as part of record).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.103 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Independently of the orders or rulings
					 issued as a result of the pre-hearing conference, the parties may stipulate as
					 to any relevant matters of fact or the authenticity of any relevant documents.
					 The stipulations may be received in evidence at a hearing and, when so
					 received, shall be binding on the parties with respect to the stipulated
					 matters.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											35.155 (relating to presentation
					 and effect of stipulations).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.104 - Limitation on matters considered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Arbitration panel members shall not
					 consider or bring into the deliberations any matters not admitted into
					 evidence, but may consider those facts of which a court could properly take
					 judicial notice and the chairperson shall so charge the panel.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.173 (relating to official
					 notice of facts).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.105 - Recording of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Unless directed by the Administrator, no official recording or transcript shall
					 be made of the arbitration hearing. This shall not prevent a party from having
					 a record or a transcript of the hearing made at his expense. If a party has a
					 recording or a transcript made, he shall upon request furnish a copy to any
					 other party upon payment of a reasonable charge.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											35.131 and
					 35.133 (relating to recording of
					 proceedings; and copies of transcripts).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.106 - Points for charge

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Counsel shall submit copies of requested points for charge and supporting brief
					 to the arbitration panel chairperson and to the opposing attorneys before any
					 closing addresses to the panel are begun or, if directed by the chairperson, at
					 an earlier time.
(b) The
					 arbitration panel chairperson shall rule on suggested points for charge and
					 shall charge the members of the panel at the hearing in the presence of counsel
					 prior to the beginning of deliberations by the panel. Counsel may object to the
					 charge only before the panel retires to deliberate.
(c) If the arbitration panel chairperson
					 determines during the deliberations of the panel that there is need for
					 additional points for charge or correction of prior points for charge, he shall
					 notify counsel for the parties and shall give the additional or corrected
					 points for charge to the members of the panel in the presence of counsel.
					 Counsel may object to the additional or corrected points for charge only before
					 the panel resumes its deliberations.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.107 - Decision of panel by majority vote

Current through Register Vol. 54, No. 28, July 13, 2024
All decisions of the arbitration panel shall be by
						majority vote of the members, except decisions on questions of law and
						admissibility of evidence which shall be decided by the chairperson of the
						arbitration panel.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › ARBITRATION HEARINGS › Section 171.108 - Panel deliberations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Upon conclusion of the hearing, the arbitration panel members shall remain
					 together and deliberate in private until a decision has been reached in the
					 action and damages, if any, have been awarded.
(b) Upon reaching a decision as to liability
					 and award of damages, if any, the panel shall promptly sign and transmit a
					 statement of their determination, any findings of fact, and any answers to
					 special written interrogatories to the Administrator and copies thereof to the
					 parties.
(c) The Administrator will
					 record on the docket the decision as to liability and award of damages and
					 notify the parties of the docketing.
(d) A party may praecipe for entry of a
					 judgment upon the arbitrators' award if no timely Notice of Appeal has been
					 filed.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS OF THE ARBITRATION PANELS › Section 171.111 - Admissibility of record on appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where an appeal is taken, the decision
					 and findings of fact of the arbitration panel shall be admissible as evidence
					 before the court; however, any award of damages shall not be admissible as
					 evidence.
(b) For the purpose of
					 reporting the decision to the court where the appeal is taken, the decision
					 which shall be admissible before the court of common pleas shall state as
					 follows: "The Arbitration Panel for Health Care in this case found (for the
					 plaintiff) (for the defendant(s)) (unanimously) (not unanimously)."
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS OF THE ARBITRATION PANELS › Section 171.112 - Definition of record costs for appeal purposes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purpose of appeal under section
					 509 of the act (40 P. S. §
												1301.509),
					 record costs to be deposited by the appellant with the prothonotary of the
					 court to which the appeal is taken shall be those fees received by the
					 Administrator from the appellees pursuant to §
											171.131 (relating to arbitration
					 costs).
(b) A party taking an
					 appeal from a decision rendered by an arbitration panel may make a written
					 request for a certified statement of the record costs accrued in the case. A
					 certified statement of the record costs will be furnished in writing by the
					 Administrator within 7 days after receipt of the request.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › APPEALS FROM DECISIONS OF THE ARBITRATION PANELS › Section 171.113 - Limitation on panel member participation in appeals

Current through Register Vol. 54, No. 28, July 13, 2024
No arbitration panel member may participate as counsel or
						witness in a trial on appeal of a case heard by him.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SETTLEMENT AND DISCONTINUANCE › Section 171.121 - Offers of settlement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Nothing contained in this chapter shall be construed as precluding any
					 participant in a case from submitting at any time offers of settlement or
					 proposals of adjustments to all parties or from requesting a conference with
					 the Administrator or his deputy for such purpose. Unaccepted proposals of
					 settlement or of adjustment shall be privileged and shall not be admissible in
					 evidence against any counsel or person claiming such privilege.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.115 (relating to offers of
					 settlement).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SETTLEMENT AND DISCONTINUANCE › Section 171.122 - Approval of settlements

Current through Register Vol. 54, No. 28, July 13, 2024
Approval of a compromise, settlement, or discontinuance
						involving fiduciaries, minors, or incompetent parties by the Administrator or
						the arbitration panel shall relieve the parties of obtaining approval by an
						appropriate court where approval is required by Pa.R.C.P. In those actions in
						which Pa.R.C.P. requires court appointment of a guardian or other fiduciary in
						order to effect a compromise, settlement, or discontinuance, such appointment
						shall be obtained from the local court of common pleas prior to seeking
						approval of the compromise, settlement or discontinuance from the Administrator
						or the arbitration panel.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SETTLEMENT AND DISCONTINUANCE › Section 171.123 - Mandatory filing of certificates of readiness

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In all actions commenced prior to the
					 effective date of this section, the parties shall file a certificate of
					 readiness within 1 year after the effective date of this section. In all
					 actions commenced on or after the effective date of this section, the parties
					 shall file a certificate of readiness within 1 year after the commencement of
					 the action.
(b) Prior to the
					 expiration of the period limited in subsection (a), any party may move for
					 extension of the period. The motion must set forth the grounds for the request
					 and the length of extension required. The Administrator will grant the
					 extension only upon finding good cause. The order of extension, if any, will
					 set forth the new date for certifying readiness, which may be sooner than that
					 requested but may not be later. This subsection supersedes 1 Pa. Code §
											31.15 (relating to extensions of
					 time).
(c) If the documents are not
					 filed within the time limits listed in subsections (a) and (b), the
					 Administrator, with or without motion by any party, will require that good
					 cause be shown why the case should not be dismissed for want of
					 prosecution.
(d) For purposes of
					 this section only:
(1) An action is commenced
					 when the initial notice complaint or complaint is received by the
					 Administrator.
(2) Actions will be
					 processed under subsection (c) in order of their
					 commencement.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › SETTLEMENT AND DISCONTINUANCE › Section 171.124 - Second action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
					 a discontinuance or voluntary nonsuit without prejudice has been entered, the
					 plaintiff may commence a second action on the same cause of action upon payment
					 of the cost required for filing a new action. The second action shall be heard
					 by the same arbitration panel members selected in the first action if such
					 panel members have already been selected and if the members of the original
					 panel agree to serve.
(b) After the
					 entry of a compulsory nonsuit, the plaintiff may not commence a second action
					 upon the same cause of action except by the process of appeal to a court of
					 common pleas in accordance with the act.
(c) The entry by the Administrator of a
					 judgment of non pros, a judgment by default or a dismissal shall be treated as
					 an order of the Administrator with any appeal being made to the Commonwealth
					 Court.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › COSTS › Section 171.131 - Arbitration costs

Current through Register Vol. 54, No. 28, July 13, 2024
The following fees shall be paid to the Administrator in
						suits filed under the act:
(1)
Complaint
-$35 plus $10 for each extra defendant in cases
					 involving more than one defendant.
(2)
Joinder of additional defendants
					 by a defendant
-$10 for each defendant joined.
(3)
Appeal
-When an appeal is
					 taken from a decision of an arbitration panel or of the Administrator, the
					 appellant shall pay $25 to cover the responsibilities of the Administrator.
					 This does not include any fees required by the court hearing the
					 appeal.
(4)
Subpoena
-$1 for each subpoena issued.
This section cited in 37 Pa. Code §
													171.112 (relating to definition of
						  record costs for appeal purposes); and 37 Pa. Code §
													171.23 (relating to commencement
						  of proceedings).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › COSTS › Section 171.132 - Payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
All fees shall be paid by check or money order made
						payable to the "Commonwealth of Pennsylvania."
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › COSTS › Section 171.133 - Copy fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Uncertified
					 copies of documents filed with the Administrator will be furnished at a charge
					 of 25¢ per page. Certified copies of documents filed with the
					 Administrator will be furnished at a charge of $1 per page.
(b) Fees for copies of documents shall be
					 paid in advance. The Administrator on request will advise as to the cost of
					 preparing a copy of a particular paper.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › COSTS › Section 171.134 - Witness fees and mileage allowance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The fees and mileage allowance for a
					 subpoenaed witness shall be the same as those allowed in an action in the court
					 of common pleas in the county in which the witness testifies.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.139 (relating to fees of
					 witnesses).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › COSTS › Section 171.135 - Fees of officers and deponents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A deponent whose deposition is taken and
					 the notarial officer taking the deposition shall be entitled to the same fees
					 as are paid for like services in the court of common pleas in the county where
					 the deposition is taken, which fees shall be paid by the party at whose request
					 the deposition is taken.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.152 (relating to fees of
					 officers and deponents).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MISCELLANEOUS › Section 171.141 - Direct communications prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Other than at the arbitration hearing,
					 the parties and their counsel may not directly communicate in any way with the
					 arbitration panel members concerning the pending arbitration. Any oral or
					 written communications from the parties to an arbitration panel member, other
					 than at hearings, shall be directed to the Administrator for transmittal to the
					 member. Any arbitration panel member who is aware of direct communication shall
					 promptly notify the Administrator; however, the parties and their counsel are
					 permitted to communicate with the panel chairperson as provided by this
					 chapter.
(b) The name of any party,
					 counsel, or arbitration panel member who violates subsection (a) will be
					 reported to the Attorney General to determine if a violation of the law has
					 been committed.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart H - Arbitration Panels for Health Care › Chapter 171 - RULES OF PRACTICE AND PROCEDURE › MISCELLANEOUS › Section 171.142 - Authority of attorney

Current through Register Vol. 54, No. 28, July 13, 2024
Any act, other than verification, required or authorized
						by the act, this chapter or Pa.R.C.P. to be done by a party may be done by his
						counsel.