HOUSE AMENDED
PRIOR PRINTER'S NOS. 944, 1022 PRINTER'S NO. 1085
No. 846 Session of 1979
INTRODUCED BY HANKINS AND HAGER, JUNE 20, 1979
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 17, 1979
AN ACT
1 Amending the act of October 15, 1975 (P.L.390, No.111), entitled
2 "An act relating to medical and health related malpractice
3 insurance, prescribing the powers and duties of the Insurance
4 Department; providing for a joint underwriting plan; the
5 Arbitration Panels for Health Care, compulsory screening of
6 claims; collateral sources requirement; limitation on
7 contingent fee compensation; establishing a Catastrophe Loss
8 Fund; and prescribing penalties," further providing for
9 arbitration panels for health care.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 308, act of October 15, 1975 (P.L.390,
13 No.111), known as the "Health Care Services Malpractice Act,"
14 subsection (b) amended July 15, 1976 (P.L.1028, No.207), is
15 amended to read:
16 Section 308. Arbitration Panels for Health Care.--[(a) The
17 administrator shall establish a separate arbitration panel for
18 each claim; and after each panel renders its decision on the
19 claim it shall be disbanded.
20 (b) Each arbitration panel shall be composed of seven
21 members including two health care providers, two attorneys, one
1 of whom shall be designated as chairman by the administrator,
2 who shall determine questions of law and three lay persons who
3 are not health care providers nor licensed to practice law.
4 Wherever possible, the administrator shall select a hospital
5 administrator, podiatrist, or osteopathic physician or surgeon
6 as one of the health care provider panel members where the claim
7 involves a member of one of those classes of health care
8 providers.
9 (c) Arbitration panel candidates shall be selected from a
10 pool of candidates generated by the administrator. The rules and
11 regulations promulgated by the administrator pertaining to the
12 selection of arbitrators shall provide that the administrator
13 shall send simultaneously to each party an identical list of
14 five arbitration panel candidates in each of the three
15 categories together with a brief biographical statement on each
16 candidate. A party may strike from the list any two names which
17 are unacceptable in each category. Any mutually agreeable
18 candidate may be invited by the administrator to serve. Where
19 insufficient mutually agreeable candidates are selected for any
20 category a second list of that category shall be sent by the
21 administrator. If a complete arbitration panel is not selected
22 by mutual agreement of the parties the administrator shall
23 appoint the remainder of the arbitration panel. Any appointment
24 by the administrator shall be subject to challenge by any party
25 for cause. A request to strike an arbitrator for cause shall be
26 determined by the administrator. The parties shall not be
27 restricted to the arbitration panel candidates submitted for
28 consideration; but, if all parties mutually agree upon an
29 arbitration panelist within a designated category, the panelist
30 shall be invited to serve.
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1 (d) The attorney and health care provider members of each
2 arbitration panel shall be or have been practicing members of
3 their respective professions.
4 (e) Arbitration panel members shall be paid on a per diem or
5 salary basis as fixed by the Executive Board plus actual and
6 necessary expenses incurred in the performance of their official
7 duties. The administrator shall provide for all other necessary
8 expenses of the arbitration panels.
9 (f) No member shall participate in a case in which he may
10 have an interest.]
11 (a) The administrator shall establish and maintain a pool of <--
12 full and part-time panel members from which he shall select
13 arbitration panels to hear claims made under this act.
14 Appointments to the pool of panel members shall be made by the
15 administrator with due consideration given to persons
16 recommended by appropriate recognized professional or lay
17 organizations.
18 (b) Each arbitration panel selected by the administrator
19 shall be composed of three members, including one attorney, who
20 shall be designated as chairperson and who shall determine
21 questions of law, one health care provider and one lay person
22 who is neither a health care provider nor an attorney. The
23 administrator may select a hospital administrator, podiatrist or
24 osteopathic physician or surgeon as the health care provider
25 panel member where the claim involves a member of one of those
26 classes of health care providers.
27 (c) Any arbitration panel member selected by the
28 administrator shall be subject to challenge for cause by any
29 party. All challenges for cause shall be determined by the
30 administrator. Each party shall also be entitled to one
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1 peremptory challenge.
2 (d) The parties shall not be restricted to arbitration
3 panels drawn from the pool of full and part-time panel members. <--
4 If all parties mutually agree upon an arbitration panelist or
5 panelists, the panelist or panelists shall be invited to serve
6 by the administrator. A panel mutually agreed upon by the
7 parties shall be composed of three members: one attorney, one
8 health care provider and one lay person.
9 (e) The attorney members of the arbitration panel pool shall
10 be admitted to practice before the Supreme Court of the
11 Commonwealth. The health care provider members of the
12 arbitration panel pool who are subject to licensure shall be
13 licensed by the Commonwealth.
14 (f) Arbitration panel members shall be paid at a daily or
15 annual salary rate fixed by the Executive Board, plus actual and
16 necessary expenses incurred in the performance of their official
17 duties. The administrator shall provide for all other necessary
18 expenses of the arbitration panels.
19 (g) No member shall participate in a case in which he may
20 have an interest.
21 (h) The administrator's appointees to the pool of panel <--
22 members shall serve for a term of three years and may be
23 reappointed by the administrator in his discretion, after
24 consultation with appropriate recognized professional or lay
25 organizations.
26 Section 2. This act shall take effect in 60 days AND SHALL <--
27 BE APPLICABLE TO ALL CLAIMS FILED IN THE OFFICE OF ARBITRATION
28 PANELS FOR HEALTH CARE INCLUDING CLAIMS FILED PRIOR TO THE
29 EFFECTIVE DATE OF THIS AMENDATORY ACT IN WHICH NO CHAIRPERSON
30 HAS BEEN APPOINTED PRIOR TO SUCH EFFECTIVE DATE.
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