|
H.B.
No. 0083 |
Medical
review panel-2. |
Sponsored By: Joint Judiciary Interim Committee
AN
ACT relating to the medical review panel; repealing existing statutes relating
to the medical review panel; recreating the medical review panel; specifying
the creation of the panel is pursuant to article 10, section 4 of the Wyoming
Constitution, as amended; and providing for an effective date.
1/3/2005 Bill Number Assigned
1/11/2005 H Received for Introduction
1/12/2005 H Introduced and Referred to H01
1/31/2005 H Rereferred to H02
1/31/2005 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Buchanan,
Landon, Lubnau, Olsen, Robinson, Watt and White
Ayes 9 Nays 0 Excused
0 Absent 0 Conflicts 0
1/31/2005 H Placed on General File
1/31/2005 H Rereferred to H02
2/2/2005 H02 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Berger, Jones, Jorgensen,
Meuli, Petersen, Philp, Simpson and Warren
Ayes 8 Nays 0 Excused
0 Absent 0 Conflicts 0
2/2/2005 H Placed on General File
HB0083HS001.01/ADOPTED
Page 1-line 5 After ";"
insert "providing an appropriation;".
Page 1-line 10 Delete
"9-2-1524" insert "9-2-1523".
Page 3-lines 1 through
7 Delete entirely and insert:
"(i) "Health care provider" means
a person or facility licensed, certified or otherwise
authorized by the law of this state to provide health care in the ordinary
course of business or practice of a profession, but does not include a person
who provides health care solely through the sale or dispensing of drugs or
medical devices;".
Page 3-line 9 Delete "(iii)"
insert "(ii)".
Page 3-line 15 Delete "(iv)"
insert "(iii)".
Page 3-lines 18 and 19 Delete entirely.
Page 3-line 21 Delete "(vi)"
insert "(iv)".
Page 3-line 22 Delete
"9-2-1524" insert "9-2-1523".
Page 5-line 3 Delete "forty
dollars".
Page 5-line 4 Delete entirely.
Page 5-line 5 Delete the line
through "held" insert "one thousand dollars ($1,000.00) per day
each day the panel is convened plus two hundred dollars ($200.00) per
preparation day, not to exceed one thousand dollars ($1,000.00) for total
preparation time".
Page 5-line 7 After "."
delete balance of line.
Page 5-lines 8 and 9 Delete entirely.
Page 7-line 7 Delete
"physicians, dentists and hospitals" insert "health care
providers".
Page 7-line 10 Delete
"statement" insert "medical record release form".
Page 7-line 11 Delete
"medical,".
Page 7-line 12 Delete "dental
and hospital" insert "health care provider".
Page 7-line 17 Delete "."
insert ";".
Page 7-After line 17 Insert:
"(iii) A statement, prepared and signed by an expert in
the field of medical practice at issue in which the health care provider was
practicing, setting forth the basis for the expert's belief that the conduct is
believed to constitute a malpractice claim, and the evidence to support the
expert's opinion.".
Page 8-line 4 Delete
"medical,".
Page 8-line 5 Delete "dental
and hospital" insert "health care provider".
Page 8-line 7 After
"W.S." insert "35-2-910 or"; after "35-17-105"
insert "or 42 U.S.C. 11137(b)".
Page 8-line 8 After "."
insert "If the health care provider fails to file an answer to the claim,
the claimant may immediately pursue the claim in a court of competent
jurisdiction.".
Page 8-line 17 After "a"
insert "lawyer or".
Page 11-line 23 After
"." insert "Fees for any witness appearing at a
hearing under this section shall be paid by the party calling the
witness.".
Page 13-line 2 After "chairman"
insert "within forty-five (45) days following the
hearing. Failure to issue a timely
decision shall vacate any determination made and shall not bar the claimant
from proceeding with the claim in a court of law".
Page 13-line 5 Delete "A
copy".
Page 13-lines 6 and 7 Delete entirely and insert
"The panel's decision is not binding upon any party. The decision of the panel and any materials
submitted by the parties thereto may be admissible in any subsequent trial of
the matter, subject to the discretion of the trial court, in accordance with
the Wyoming Rules of Evidence.".
Page 13-lines 9
through 11. Delete entirely.
Page 13-line 14 Delete "not".
Page 13-line 21 After ","
insert "including W.S. 9-2-1522(c),".
Page 14-lines 8 and 9 Delete entirely.
Page 14-lines 11
through 24 Delete entirely.
Page 15-lines 1
through 23 Delete entirely.
Page 16-lines 1
through 6 Delete entirely.
Page 16-After line 9 Insert:
"Section 3. There is appropriated from the general fund
to the medical review panel five hundred thousand dollars ($500,000.00) or as
much thereof as necessary to carry out the purposes of this act.".
Page 16-line 11 Delete "3."
insert "4.". LANDON,
CHAIRMAN
HB0083HS001.02/FAILED
Page 6-line 21 Delete
"Claimants" insert "Unless the claimant and respondent agree by
written statement to waive submission to the panel, claimants". LANDON,
CHAIRMAN
HB0083HW001/FAILED (CORRECTED COPY)
Page
13-line 5 Delete
the standing committee amendment (HB0083HS001/A) to this line.
Page
13-lines 6 and 7 Delete
the standing committee amendment (HB0083HS001/A) to these lines.
Page 13-After line 7 Insert
"(d) The panel's decision is not
binding upon either party. The decision
of the panel shall be admissible in any subsequent trial of the matter.". IEKEL
2/4/2005 H Passed CoW
2/7/2005 H Laid Back Pursuant to HR 9-3
HB0083H2001/ADOPTED
Page 13-lines 6 and 7 In the standing committee
amendment (HB0083HS001.01/AC) to these lines; After "admissible"
insert "in whole or in part".
BROWN
HB0083H2002/ADOPTED (CORRECTED COPY)
Page 3-After line 19 Insert:
"(iv)
"Reasonable probability" means a factual basis which might
lead a reasonable mind to the conclusion.
Where there is evidence in the record and room for two (2) opinions, the
conclusion shall be reached honestly and upon due consideration;
(v)
"Substantial evidence" means relevant and competent evidence
that a reasonable mind might accept as adequate to make a finding of fact. It may be less than the weight of the
evidence, but it shall not be clearly contrary to the overwhelming weight of
the evidence. More is required to meet
the burden than a mere scintilla of evidence or suspicion of the existence of a
fact to be established;".
Page 3-line 21 Delete the standing
committee amendment (HB0083HS001.01/AC) to this line entirely.
Page 4-line 2 Delete
"claim" insert "application for claim review".
Page 5-line 21 After
"before" delete "a" insert "an application for".
Page 5-line 22 After
"claim" insert "review".
Page 6-line 1 After
"application for" insert "claim".
Page 6-line 2 Delete
"is" insert "on all related applications for claim review
are".
Page 6-line 11 Delete "claims
filed" insert "applications for claim review"
Page 6-line 18 Delete "contents
of claim" insert "contents of application for claim review".
Page 6-line 19 Delete "claim"
insert "application for claim review".
Page 6-line 21 Delete
"Claimants" insert "Unless the claimant and respondent agree by
written statements to waive submission to the panel, claimants".
Page 6-line 23 Delete "a
claim" insert "an application for claim review".
Page 7-line 1 Delete
"claim" insert "application for claim review".
Page 7-After line 17 Delete the standing committee
amendment (HB0083HS001.01/AC) to this line and insert:
"(b)
The claimant shall submit, within forty-five (45) days following the
submission of the application for claim review, a statement prepared and signed
by an expert in the specialty or subspecialty of medical practice at issue,
setting forth the basis for the expert's belief that the conduct is believed to
constitute a malpractice claim and the evidence currently available to support
the expert's opinion.".
Page 7-line 19 Delete "(b)"
insert "(c)"; delete "claim" insert "application for
claim review".
Page 7-line 22 Delete "(c)"
insert "(d)"; delete "a claim" insert "an application
for claim review".
Page 7-line 23 Delete
"claim" insert "application".
Page 7-line 24 Delete
"claim" insert "application for claim review".
Page 8-line 2 Delete
"(d)" insert "(e)" delete "claim" insert
"application for claim review".
Page 8-line 3 After
"service" insert "of the statement required under subsection (b)
of this section".
Page 8-line 8 In the standing
committee amendment (HB0083HS001.01/AC) to this line delete "to the
claim" insert "to the application for claim review".
Page 8-line 16 Delete "a
lawyer" insert "an attorney".
Page 8-line 17 Delete the standing
committee amendment (HB0083HS001.01/AC) to this line; delete "a"
insert "an attorney or".
Page 9-line 7 Delete
"claim" insert "application for claim review".
Page 9-line 13 Delete
"claim" insert "application for claim review".
Page 10-line 3 Delete
"claim" insert "application for claim review".
Page 10-line 6 Delete
"claim" insert "application for claim review".
Page 10-line 15 Delete "a
claim" insert "an application for claim review".
Page 10-line 16 Delete "claim"
insert "application for claim review".
Page 10-line 19 Delete
"claims" insert "applications for claim review".
Page 11-line 7 Delete
"claim" insert "application for claim review".
Page 11-line 10 Delete
"claims" insert "applications for claim review".
Page 13-line 18 Delete "claim"
insert "application for claim review".
Page 13-line 21 Delete
the standing committee amendment (HB0083HS001.01/AC) to this line; After
"," insert "or allowed pursuant to W.S. 9-2-1522(c)".
Page 13-line 23 Delete
"not subject to subpoena but are".
SIMPSON, BUCHANAN
HB0083H2003/FAILED
Page 3-After line 19 Delete the Simpson, et al.,
second reading amendment (HB0083H2002/AC) to this line.
Page 3-line 21 Delete the Simpson, et
al., second reading amendment (HB0083H2002/AC) to this line.
Page 12-line 13 Delete "there
is" insert "by a preponderance of the evidence".
Page 12-line 15 Delete "Substantial
evidence that"; after "acts" insert "or omissions".
Page 12-line 16 Delete "complained
of" insert "alleged have".
Page 12-line 19 Delete "A
reasonable probability that".
Page 12-line 20 After "the"
insert "alleged"; delete "complained of" insert "or
omissions". CHILDERS
2/8/2005 H Passed 2nd Reading
HB0083H3001/ADOPTED
Page 5-line 5 Delete the standing
committee amendment (HB0083HS001.01/AC) to this line; delete the line through
"held" insert "five hundred dollars ($500.00) for each one-half
(1/2) day or portion thereof the panel is convened, plus two hundred dollars ($200.00)
for preparation days, not to exceed one (1) preparation day for each day or
portion thereof the panel is convened".
SIMPSON
2/9/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Cohee, Davison,
Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons,
Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon,
Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen,
Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson,
Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and
Zwonitzer.
Nays:
Representative(s) Childers and Osborn.
Excused:
Representative(s) Jorgensen
Ayes 57 Nays 2 Excused
1 Absent 0 Conflicts 0
2/10/2005 S Received for Introduction
2/10/2005 S Introduced and Referred to S10
2/18/2005 S10 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Aullman, Barrasso and Scott
Nays:
Senator(s) Decaria and Massie
Ayes 3 Nays 2 Excused
0 Absent 0 Conflicts 0
2/18/2005 S Rereferred to S02
2/22/2005 S02 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Anderson, J., Case, Hines, Job and Nicholas
Ayes 5 Nays 0 Excused
0 Absent 0 Conflicts
0
2/22/2005 S Placed on General File
HB0083SS001/FAILED (TO ENGROSSED COPY)
That Substitute No. 1 for HB0083 ENGROSSED DO Pass. SCOTT, CHAIRMAN
2/24/2005 S Laid Back Without Prejudice
HB0083SW001/FAILED (TO ENGROSSED COPY)
Page 5-line 14 Delete "five
hundred" insert "two hundred fifty dollars ($250.00)".
Page 5-line 15 Delete "dollars
($500.00)". MOCKLER
HB0083SW002/ADOPTED (TO ENGROSSED COPY)
Delete the Mockler
Committee of the Whole Amendment (HB0083SW001/AE) entirely and further amend as
follows:
Page 1–lines 1 through
6 Delete and insert:
"AN ACT relating to pretrial screening
panels; prohibiting the filing of a medical malpractice claim in a court until
the claim has been reviewed by a medical review panel; providing that the
decision of the panel is not binding; requiring that the decision of the panel
be submitted with any medical malpractice complaint; creating the panel and
providing for selection of its members; designating the attorney general or his
designee as panel director to perform administrative tasks; establishing
procedures for review of claims; providing definitions; granting rulemaking
authority; requiring a person filing a complaint in court to file the decision
of the panel; requiring a person filing a complaint in court to obtain an
expert witness who has not appeared before the panel; providing for an
appropriation; and providing for an effective date.".
Page 1–lines 10
through 17 Delete and insert:
"Section
1. W.S. 9‑2‑2901 through 9‑2‑2913 are
created to read:
ARTICLE 29
MEDICAL REVIEW PANEL
9‑2‑2901. Short title.
This act may be cited as the "Wyoming Medical
Review Panel Act of 2005".
9‑2‑2902. Purpose of
provisions.
The purpose of this act is to review the evidence
of malpractice before filing in court
of actions against health care providers and their employees for professional
liability.
9‑2‑2903. Definitions.
(a) As used in this act:
(i) "Health care
provider" means a physician, health care facility or any person employed
by a health care facility who, in accordance with law or a license granted by a
state agency, provides health care;
(ii) "Malpractice claim"
means any claim against a health care provider for alleged medical treatment,
alleged lack of medical treatment, or other alleged departure from accepted
standards of health care which results in damage to the patient;
(iii) "Panel" means the
medical review panel provided for under this act;
(iv) "Physician" means a
person licensed under W.S. 33‑26‑303;
(v) "Expert"
means a person qualified to testify as an expert in the courts of Wyoming
within the medical field relating to the claims of the claimant and will not
financially benefit from the decision of the panel or court;
(vi) "This act" means W.S.
9‑2‑2901 through 9‑2‑2913.
9‑2‑2904. Service of
pleadings; computation of time.
(a) The claim, answer, decision and all other pleadings
required to be served under this act shall be served in accordance with the
Wyoming Rules of Civil Procedure.
(b) Computation of time periods prescribed or allowed
under this act shall be in accordance with rule 6 of the Wyoming Rules of Civil
Procedure.
9‑2‑2905. Panel
created; compensation; director of panel; appointment and duties; rulemaking.
(a) There is created the Wyoming medical review panel.
(b) The panel shall have a director who shall be the
attorney general or his designee and shall conduct the administrative business
of the panel and otherwise implement this act.
The director may use the office of administrative hearings as necessary
to implement this act. The director
shall promulgate rules and regulations in accordance with the Wyoming
Administrative Procedure Act to implement this act.
(c) Members of the panel and the office of the director
shall receive compensation while engaged in the business of the board of five
hundred ($500.00) dollars per day each day the panel is convened plus two
hundred dollars ($200.00) per preparation day not to exceed two thousand
dollars ($2,000.00). Compensation for
travel and other services shall be as provided in W.S. 9‑3‑102 and
9‑3‑103.
9‑2‑2906. Claims to be
reviewed by panel; prohibition on filing claims in court; tolling of statute of
limitation; immunity of panel; administration.
(a) No complaint alleging malpractice shall be filed in
any court against a health care provider before a claim is made to the panel
and its decision is rendered. The panel
shall review all malpractice claims against health care providers filed with
the panel except those claims subject to a valid arbitration agreement allowed
by law or in the case that both parties desire to go directly to court. The running of the applicable limitation
period in a malpractice action is tolled upon receipt by the director of the
application for review and does not begin again until thirty (30) days after
the panel's final decision is served upon the claimant.
(b) An extension of thirty (30) days may be granted by
the director to the applicable limitation period to obtain the statement of an
expert witness.
(c) Panel members are absolutely immune from civil
liability for all acts in the course and scope of the duties under this act,
including but not limited to communications, findings, opinions and
conclusions.
(d) The panel may provide for the administration of
oaths, the receipt of claims filed, the promulgation of forms required under
this act, and the performance of all other acts required to fairly and
effectively administer this act.
9‑2‑2907. Claim review
procedure; contents of claim; service of claim on provider; answer.
(a) Claimants shall submit a case for the consideration
of the panel prior to filing a complaint in any court in this state by
addressing a claim, in writing, signed by the claimant or his attorney, to the
director of the panel. The claim shall contain:
(i) A statement in reasonable
detail of the elements of the health care provider's conduct which are believed
to constitute a malpractice claim, the dates the conduct occurred, and the
names and addresses of all physicians and hospitals having contact with the
claimant relevant to the claim and all witnesses;
(ii) A statement, signed by the
claimant, authorizing the panel to obtain access to all medical and hospital
records and information pertaining to the claim and, for the purposes of its
consideration of this matter only, waiving any privilege as to the contents of
those records. Nothing in the statement
may in any way be construed as waiving that privilege for any other purpose or
in any other context, in or out of court;
(iii) Not later than sixty (60) days after filing a
claim, a statement, prepared and signed by an expert in the field of medical
practice in which the health care provider practices, setting forth the basis
for the expert's belief that the conduct is believed to constitute a
malpractice claim, and the summary of grounds to support each of the expert's
opinion.
(b) The claim may be amended by filing an amendment not
less than fourteen (14) days prior to the hearing date.
(c) Upon receipt of a claim, the director shall cause a
true copy of the claim to be served on the health care providers against whom
the claim has been filed.
(d) The health care provider shall answer the claim
within thirty (30) days after service and shall submit a statement authorizing
the panel to inspect all medical and hospital records and information
pertaining to the claim except those records which are privileged pursuant to
W.S. 35‑17‑105. The answer shall be filed with the director who
shall serve a copy on the claimant.
9‑2‑2908. Panel composition;
selection; disqualification of panelist; multiple defendants.
(a) The panel for each claim reviewed under this act
shall consist of one (1) health care provider licensed in this state, one (1)
attorney licensed in this state and one (1) layperson chosen from the local
jury pool. All panel members shall be
residents of this state. If feasible
the health care provider member of the panel shall be from the health care provider's
profession or specialty.
(b) Within five (5) days of receipt, the director shall
notify the state licensing agency of the health care provider involved of the
filing of the claim and the state bar association and local jury pool. Within fourteen (14) days of notification,
the state licensing agency and state bar shall provide the director a list of
twelve (12) of their members as proposed panelists. To the extent possible, the state licensing agency shall include
on the list persons specializing in the same field or discipline as the health
care provider against whom the claim is made.
The director shall select one (1) from the list of health care
providers, one (1) from the list of attorneys to serve as panelists and one (1)
layperson from the local jury pool and shall notify the parties and the panel
members selected of their selection.
(c) The director shall preside over the panel
proceedings.
(d) If, within fifteen (15) days of receipt of the
notice of selection of the panelists, the claimant or the health care provider
against whom the claim is made files an affidavit stating his belief that a
panelist selected by the director cannot be impartial in reviewing the claim,
the panel member is disqualified, and the director shall select another from
the list. Each party may disqualify not more than three (3) panel members under
this subsection.
(e) The director may excuse a panelist from serving if
the panelist feels his presence on the panel would be inappropriate under the
circumstances of the case.
(f) When a claim is filed against two (2) or more health
care providers, the claim against each health care provider shall be
consolidated for hearing unless by stipulation of all parties or at the
discretion of the panel, the claims are heard separately.
9‑2‑2909. Hearing
procedure; review of decision prohibited.
(a) The director shall set a time and place for the
hearing and provide notice to all parties at least thirty (30) days prior to
the hearing. The proper place for
hearing shall be the county in which an action is required to be brought
according to W.S. 1‑5‑101 through 1‑5‑109. The hearing
date shall not be more than one hundred twenty (120) days after the director
receives the claim unless the director or panel finds good cause to delay the
hearing. At least fifteen (15) days
before the hearing the director shall provide each panel member copies of all
claims, briefs, records and other documents the director considers necessary.
(b) The hearing shall be conducted in accordance with
rules and regulations promulgated by the director. The hearing shall be informal, and the Wyoming Rules of Evidence
and, except as specified in this act, the Wyoming Administrative Procedure Act
do not apply. No decision of the director or the panel is subject to review in
a court. A record of the hearing shall be made. The panel may not call witnesses.
(c) The panel may take the case under advisement or may
request that additional facts, records or other information be obtained and
presented to it at a supplemental hearing, which shall be set for a date not
later than thirty (30) days from the date of the original hearing unless the
parties consent in writing to a longer period.
9‑2‑2910. Panel
deliberations and decision; decision not binding.
(a) Upon consideration of all the relevant material, the
panel shall determine whether there is:
(i) Substantial evidence that the
acts complained of occurred and that they constitute malpractice; and
(ii) A reasonable probability that
the patient was injured as a result of the acts complained of.
(b) The deliberations of the panel are confidential. All
votes of the panel on the questions for discussion shall be by secret ballot.
The decision shall be by a majority vote of the panel and shall be signed by
the chairman. The director shall not
cast a vote.
(c) The decision of "potential malpractice" or
"no potential malpractice" shall be in writing and forwarded to the
director who shall serve copies on the parties. A copy of the decision shall be sent to the health care provider's
state licensing board.
(d) The panel's decision is not binding upon any party.
9‑2‑2911. Record of
panel proceedings; privilege.
(a) The director shall maintain records of all
proceedings before the panel, which shall include the nature of the act or
omissions alleged in the claim, a brief summary of the evidence presented and
the decision of the panel.
(b) No panel member may be called to testify in any
proceeding concerning the deliberations, discussions, decisions and internal
proceedings of the panel.
9‑2‑2912. Panel
funding; expenditures.
The panel shall be funded by budget appropriations
from the general fund of the state.
9‑2‑2913. Filing of medical
malpractice claims.
If a claim is filed in a court of competent
jurisdiction, a copy of the decision shall be filed by the claimant with the
complaint upon filing of that claim and shall be read as part of the jury
instructions or the court's opening instructions.
Section 2. W.S. 9‑2‑1501 through 9‑2‑1512
are repealed.
Section 3. There is appropriated from the
general fund to the medical review panel five hundred thousand dollars
($500,000.00) or as much thereof as necessary to carry out the purposes of this
act.
Section 4. This act is effective immediately upon completion of all acts
necessary for a bill to become law as provided by Article 4, Section 8 of the
Wyoming Constitution.".
Pages 2 through 15 Delete.
Page 16–lines 1
through 14 Delete. JENNINGS
2/25/2005 S Passed CoW
HB0083S2002/FAILED (TO ENGROSSED COPY)
Delete the Jennings
Committee of the Whole Amendment (HB0083SW002/AE) including the Jennings Second
Reading Amendment (HB0083S2001/AE) thereto entirely. ROSS, HANES, BURNS, DECARIA, SESSIONS
ROLL CALL
Ayes:
Senator(s) Boggs, Burns, Coe, Decaria, Hanes, Job, Johnson, Massie,
Meier, Mockler, Nicholas, Ross, Sessions, Vasey and Von Flatern.
Nays:
Senator(s) Anderson, J., Aullman, Barrasso, Case, Cooper, Geis, Hawks,
Hines, Jennings, Larson, Northrup, Peck, Schiffer, Scott and Townsend.
Ayes 15 Nays 15 Excused
0 Absent 0 Conflicts 0
2/28/2005 S Passed 2nd Reading
HB0083S3001/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 1 of that amendment,
in the title, delete "expert witness who has not appeared before the
panel;" insert "expert in the field of medical practice;".
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 4 of that amendment,
in W.S. 9-2-2907(d), after "W.S. 37-17-105" insert ", 35-2-910
and 42 U.S.C. section 11137(b)"; after "on the claimant." insert
"If the health care provider fails to file an answer to the application
for review, he shall pay the claimant's costs incurred by complying with the
requirements of this act, and the claimant may immediately pursue the claim in
a court of competent jurisdiction.".
MASSIE
HB0083S3002/ADOPTED (TO ENGROSSED COPY)
If 2005 Senate File
0113 is enacted into law, then in the Jennings Committee of the Whole Amendment
(HB0083SW002/AE), on page 7 of the amendment, before "Section 4.",
insert the following section and renumber as necessary:
"Section 4.
If 2005 Senate File 0113 is enacted into law, then W.S. 9‑2‑2907(d)
is created to read:
(d)
The health care provider shall answer the claim within thirty (30) days
after service and shall submit a statement authorizing the panel to inspect all
medical and hospital records and information pertaining to the claim except
those records which are privileged pursuant to W.S. 37-17-105 and
35-2-912. The answer shall be filed
with the director who shall serve a copy on the claimant.".
Renumber as necessary.
MASSIE
HB0083S3003/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on pages 4 and 5 of that
Amendment, in W.S. 9‑2‑2908, delete subsections (a) and (b) and
insert:
"(a) The panel for each claim reviewed under this act
shall consist of one (1) health care provider licensed in this state, one (1)
attorney licensed in this state and one (1) layperson agreed to and chosen by
the first two (2) members. All panel members
shall be residents of this state. If
feasible the health care provider member of the panel shall be from the health
care provider's profession or specialty.
(b) Within five (5) days of receipt, the director shall
notify the state licensing agency of the health care provider involved of the
filing of the claim and the state bar association. Within fourteen (14) days of notification, the state licensing
agency and state bar shall provide the director a list of twelve (12) of their
members as proposed panelists. To the
extent possible, the state licensing agency shall include on the list persons
specializing in the same field or discipline as the health care provider
against whom the claim is made. The
director shall select one (1) from the list of health care providers, one (1)
from the list of attorneys to serve as panelists and shall notify the parties
and the panel members selected of their selection.". JENNINGS
HB0083S3004/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 4 of that amendment,
in W.S. 9‑2‑2907(d), after "pertaining to the claim"
insert ", including
expert witness statements,".
JENNINGS
HB0083S3005/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 3 of that amendment
in W.S. 9-2-2906(d), delete "the administration of oaths,". JENNINGS
HB0083S3006/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 1 in the title
delete "an appropriation;" insert "appropriations; authorizing
positions;"; on page 7 of that amendment after "Section 3."
insert "(a)"; in Section 3, after "purposes of this act."
insert: "(b) There is appropriated from the general fund
to the office of the attorney general two hundred fifty thousand dollars
($250,000.00), or as much thereof as necessary, and the attorney general is
authorized two (2) additional full-time positions to carry out the purposes of
this act.". JENNINGS
ROLL CALL
Ayes:
Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Case, Coe, Cooper,
Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Meier, Nicholas,
Northrup, Peck, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Burns, Decaria, Massie, Mockler and Ross.
Ayes 25 Nays 5 Excused
0 Absent 0 Conflicts 0
HB0083S3007/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on pages 4 and 5 of that
amendment, in W.S. 9‑2‑2908, delete the Jennings Third Reading
Amendment (HB0083S3003/AE) to this section and further amend as follows: delete subsections (a) and (b) and insert:
"(a) The panel for each claim reviewed under this act
shall consist of two (2) health care providers licensed in this state, two (2)
attorneys licensed in this state and one (1) layperson agreed to and chosen by
the first four (4) members. All panel
members shall be residents of this state.
If feasible the health care provider members of the panel shall be from
the health care provider's profession or specialty.
(b) Within five (5) days of receipt, the director shall
notify the state licensing agency of the health care provider involved of the
filing of the claim and the state bar association. Within fourteen (14) days of notification, the state licensing
agency and state bar shall provide the director a list of twelve (12) of their
members as proposed panelists. To the
extent possible, the state licensing agency shall include on the list persons
specializing in the same field or discipline as the health care provider
against whom the claim is made. The
director shall select two (2) from the list of health care providers and two
(2) from the list of attorneys to serve as panelists and shall notify the
parties and the panel members selected of their selection.". SESSIONS, PECK, ROSS
HB0083S3008/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), on page 7 of that amendment
delete W.S. 9-2-2913 entirely including all previous amendments thereto and
insert:
"9-2-2913. Admissibility
of decision.
The decision of the panel may be
admissible in any subsequent trial of the matter subject to the discretion of
the trial court in accordance with the Wyoming Rules of Evidence.". ROSS, VON FLATERN, PECK
ROLL CALL
Ayes:
Senator(s) Boggs, Burns, Case, Coe, Cooper, Decaria, Hanes, Job,
Johnson, Massie, Meier, Mockler, Nicholas, Peck, Ross, Schiffer, Sessions,
Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Anderson, J., Aullman, Barrasso, Geis, Hawks, Hines,
Jennings, Larson, Northrup and Scott.
Ayes 20 Nays 10 Excused
0 Absent 0 Conflicts 0
HB0083S3009.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9-2-2906 on page 3
of that amendment, in the title of W.S. 9-2-2906, after "administration"
insert "; agreement of the parties to waive submission to the panel";
after W.S. 9-2-2906(d), add the following new subsection (e) and renumber as
necessary:
"(e) By written agreement between both parties,
the parties may waive submission of the claim to the panel.". MEIER, JENNINGS
HB0083S3009.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9-2-2906 on page 3
of that amendment, in the title of W.S. 9-2-2906, after "administration"
insert "; agreement of the parties to waive submission to the panel";
after W.S. 9-2-2906(d), add the following new subsection (e) and renumber as
necessary:
"(e) No insurance company shall cancel or
increase any premium of a health care provider's malpractice insurance policy
soley based upon the health care provider exercising his rights under this
act.". MEIER, JENNINGS
HB0083S3010/ADOPTED (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9‑2‑2903(a)(i)
on page 2 of that amendment, after ""Health care provider"
means" delete through "provides health care" and insert "a
person or facility licensed, certified or otherwise authorized by the law of
this state to provide health care in the ordinary course of business or
practice of a profession, but does not include a person who provides health
care solely through the sale or dispensing of drugs or medical
devices". MEIER, JENNINGS
HB0083S3012/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
In the Jennings
Committee of the Whole Amendment (HB0083SW002/AE), in W.S. 9‑2‑2909
on page 6 of that amendment, delete subsection (b) entirely and insert:
"(b) The hearing shall be conducted in accordance with rules and regulations
promulgated by the director and the hearing shall be conducted in accordance
with the Wyoming Administrative Procedure Act.
The hearing shall be informal.
Evidence admitted shall be reliable and probative. No decision of the director or the panel is
subject to review in a court. A record
of the hearing shall be made.".
MEIER
3/1/2005 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings,
Johnson, Larson, Massie, Meier, Nicholas, Northrup, Peck, Ross, Schiffer,
Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Job, Mockler and Scott.
Ayes 27 Nays 3 Excused
0 Absent 0 Conflicts 0
3/2/2005 H Did Not Concur
ROLL CALL
Nays: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee,
Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman,
Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones,
Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan,
Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson,
Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt,
White and Zwonitzer.
Excused:
Representative(s) Jorgensen and Reese.
Ayes 0 Nays 58 Excused
2 Absent 0 Conflicts 0
3/2/2005 H Appointed JCC01 Members
Representative(s)Simpson, Lubnau and
Osborn
3/2/2005 S Appointed JCC01 Members
Senator(s)Hanes, Barrasso and Mockler
3/2/2005 H Suspended Rules
ROLL
CALL
Ayes:
Representative(s)Alden, Anderson, Bagby, Barnard, Berger, Brechtel,
Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel,
Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert,
Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lockhart, Lubnau,
Luthi, Martin, McOmie, Miller, Morgan,
Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Robinson,
Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger,
Watt, White, Zwonitzer
Nays:
Representative Meuli
Excused: Representative Jorgensen and Reese
Ayes 57 Nays 1 Excused
2 Absent 0 Conflicts 0
3/2/2005 S Suspended Rules
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper,
Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie,
Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s)Vasey
Ayes 29 Nays 1 Excused
0 Absent 0 Conflicts 0
3/3/2005 H Adopted HB0083JC01
ROLL CALL
AYES:
Representative(s) Alden,
Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz,
Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gingery, Goggles,
Hageman, Hammons, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones,
Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Morgan, Olsen, Osborn,
Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson,
Semlek, Simpson, Slater, Thompson, Warren, Wasserburger, Watt, White and
Zwonitzer.
Nays: Representative(s) Gay, Gilmore, Harshman, Meuli, Miller and
Walsh.
Excused: Representative(s) Jorgensen.
Ayes 53 Nays 6
Excused 1 Absent 0
Conflict 0
3/3/2005 S Adopted HB0083JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Boggs,
Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job,
Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross,
Schiffer, Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Aullman and Scott.
Ayes 28 Nays 2 Excused
0 Absent 0 Conflicts 0
HB0083JC01/AA ADOPTED
(TO ENGROSSED COPY)
Delete the
following Senate amendments:
HB0083S3001/AE
HB0083S3002/AE
HB0083S3003/AE
HB0083S3004/AE
HB0083S3005/AE
HB0083S3006/AE
HB0083S3007/AE
HB0083S3008/AE
HB0083S3009.01/ACE
HB0083S3010/AE
HB0083SW002/AE
Further amend the
ENGROSSED COPY as follows:
Page 1-line 3 Delete "specifying
the".
Page 1-lines 4 through 6 Delete entirely and insert
"providing for selection of panel members; designating the attorney
general or his designee as panel director to perform administrative tasks;
authorizing the use of administrative hearing officers; establishing procedures
for review of claims; providing definitions; granting rulemaking authority;
providing appropriations; authorizing positions; and providing for effective
dates.".
Page 1-line 16 After "Act" insert
"of 2005".
Page 2-lines 5 through 9 Delete entirely.
Page 2-line 11 Delete "(ii)"
insert "(i)".
Page 2-line 17 Delete "(iii)"
insert "(ii)".
Page 3-line 8 Before
"means" insert "or "claim"".
Page 4-line 13 Delete "application
for"; delete "review".
Page 5-line 7 After "may"
insert "use the office of administrative hearings as necessary and
may".
Page 5-line 15 Delete "for each
one-half (1/2)" insert "per day each"; delete "or
portion".
Page 5-line 16 Delete "thereof".
Page 5-line 17 Delete "for" insert
"per"; delete "days" insert "day"; delete
"one (1)".
Page 5-line 18 Delete entirely.
Page 5-line 19 Delete "is
convened" insert "two thousand dollars ($2,000.00) per claim
reviewed".
Page 6-line 8 Before "No"
insert "Unless submission to the panel is waived in accordance with W.S.
9-2-1519(a),".
Page 6-line 9 Delete "an"
insert "a".
Page 6-line 10 Delete "application
for"; delete "review".
Page 6-line 13 Delete "application
for"; delete "review".
Page 6-line 15 After "decision"
delete balance of line and insert ", or seventy-five (75) days after the
panel's last hearing, whichever occurs earlier.".
Page 6-line 16 Delete entirely.
Page 6-line 18 Delete "and
witnesses".
Page 6-line 24 Delete "applications for
claim review" insert
"claims".
Page 7-line 9 Delete the first "application
for"; delete "review"; delete the second "application
for".
Page 7-line 10 Delete "review".
Page 7-line 14 Delete "case"
insert "claim".
Page 7-line 16 Delete "an application
for" insert "a"; delete "review".
Page 7-line 18 Delete "application
for"; delete "review".
Page 8-line 13 Delete "forty-five
(45)" insert "sixty (60)".
Page 8-line 14 Delete "application
for".
Page 8-line 15 Delete "review".
Page 8-line 22 Delete "application
for"; delete "review".
Page 9-line 2 Delete "an application
for" insert "a"; delete "review".
Page 9-line 3 Delete
"application" insert "claim".
Page 9-line 5 Delete "application
for"; delete "review".
Page 9-line 8 Delete "application
for"; delete "review"; delete "thirty (30)" insert
"sixty (60)".
Page 9-line 10 Delete "statement"
insert "medical records release".
Page 9-line 13 Delete "privileged"
insert "confidential".
Page 9-line 16 After "fails to"
insert "timely".
Page 9-line 17 Delete "application
for"; delete "review".
Page 10-line 1 Delete "members of the
state bar" insert "attorneys licensed in this state".
Page 10-line 2 After "person"
insert "unanimously chosen by the first four (4) members,".
Page 10-line 5 Delete "one (1)
member" insert "the health care provider members".
Page 10-line 17 Delete "application
for"; delete "review".
Page 10-line 23 Delete "application
for".
Page 10-line 24 Delete "review".
Page 11-line 8 Delete "shall"
insert "may, by majority vote,".
Page 11-line 9 After "members"
delete balance of line and insert "to preside over the panel proceedings,
or".
Page 11-line 10 After "shall" insert
"request a hearing officer from the office of administrative hearings
to".
Page 11-line 15 Delete "application
for"; delete "review".
Page 11-line 18 Delete "application
for"; delete "review".
Page 12-line 5 Delete "an application
for" insert "a"; delete "review".
Page 12-line 7 Delete "application
for"; delete "review".
Page 12-line 10 Delete "applications for
claim review" insert "claims".
Page 12-line 22 Delete "application
for".
Page 12-line 23 Delete "claim review"
insert "submission of the statement required under W.S. 9-2-1519(b)".
Page 13-line 2 Delete "applications for
claim review" insert "claims, answers,".
Page 13-line 12 Delete "may" insert
"shall"; after "made" delete balance of line and insert
".".
Page 13-line 13 Delete the line through ".".
Page 13-line 23 Before "date" insert
"beginning".
Page 14-line 1 Delete "claimant or his
attorney consents" insert "parties consent".
Page 14-line 19 After "The" insert
"final".
Page 14-line 22 After "timely" insert
"final".
Page 15-line 2 After
"The" insert "final".
Page 15-line 16 Delete "application".
Page 15-line 17 Delete "for"; delete
"review".
Page 15-line 18 Before "decision" insert
"final".
Page 16-line 9 Before "There"
insert "(a)".
Page 16-After line 12 Insert:
"(b) There is appropriated from
the general fund to the office of the attorney general two hundred fifty
thousand dollars ($250,000.00), or as much thereof as necessary, and the
attorney general is authorized up to two (2) additional full-time equivalent
positions to carry out the purposes of this act.".
Page 16-line 14 After "4."
insert "(a) Except as provided in subsection (b) of this
section,".
Page 16-After line 14 Insert:
"(b) W.S. 9-2-1517(b), as
created in section 1 of this act, and section 3(b) of this act are effective immediately upon completion of all acts necessary for a bill to
become law as provided by Article 4, Section 8 of the Wyoming Constitution.".
SIMPSON, LUBNAU, OSBORN, HANES, BARRASSO, MOCKLER
3/3/2005 Assigned Number HEA No. 0134
3/3/2005 H Speaker Signed HEA No. 0134
3/3/2005 S President Signed HEA No. 0134
3/15/2005 Governor Signed HEA No. 0134
3/15/2005 Assigned Chapter Number
Chapter No. 0244 Session Laws of Wyoming 2005.