Bill No.: HB0083                  Drafter:  JHR

 

LSO No.:  05LSO-0307              Effective Date:  3/15/2005

 

Enrolled Act No.:  HEA0134

 

Chapter No.:       244

 

Prime Sponsor:     Joint Judiciary Interim Committee

 

Catch Title:       Medical review panel-2.

 

Subject:  Establishes medical review panel.

 

Summary/Major Elements: 

·         This bill:

·         Establishes a medical review panel (MRP) to consider medical malpractice claims before a claim is filed in court;

·         Specifies the Attorney General is the director of the panel to perform administrative tasks of the MRP;

·         Provides for the selection of MRP members, with individual panels consisting of 2 health care providers, 2 attorneys and 1 lay member;

·         Authorizes the chairman of the MRP to preside over a proceeding, or to use a hearing officer from the Office of Administrative Hearings to preside at hearings;

·         Establishes timelines for the filing of medical claims, answers and related documents and for hearings and decisions;

·         Requires a claimant to file a medical malpractice claim with the MRP prior to filing the action in court, unless the parties agree to waive participation in the medical review panel process;

·         Requires the claimant to provide a statement from a qualified expert setting forth the expert's opinion that the conduct complained of constitutes a valid malpractice claim;

·         Authorizes rulemaking to implement the MRP;

·         Provides for confidentiality of records;

·         Provides for admissibility of the MRP's decision in any subsequent civil action related to the claim;

·        Provides appropriations to the Attorney General and authorizes additional positions.

 

Comments:

This bill was adopted in response to a ratification by the voters in the 2004 general election of proposed Amendment C to the Wyoming Constitution, which authorized the Legislature to mandate alternative dispute resolution or review by a medical review panel before filing a civil action against a health care provider.

 

Popular Name: Medical Review Panel