Wyo. Code R. 015-0008-3
Effective Date: 11/16/2005 to 11/21/2005
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 015.0008.3.11162005
Section 1. Notice to Licensing Agency and State Bar and Selection of Professional Panelists. Within five (5) days of receipt, the director shall notify the appropriate state licensing agency of the health care provider involved and the state bar of the filing of the claim. Within fourteen (14) days of the notification, the state licensing agency and the state bar shall each provide the director a list of twelve (12) of its 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 each list to serve as panelists and shall notify the parties and the panel members selected of their selection.
Section 2. Selection of Lay Panelist. The four professional panelists, chosen in Section 1 immediately above, shall unanimously select and appoint one (1) person as lay panelist. The lay member chosen by the original panel shall serve even if one of the original panel members is challenged and replaced in accordance with W. S. 9-2-1520(d). The director shall solicit and maintain a list of lay persons who wish to serve as members of medical review panels. Lay panelists may be selected from this list.
(a) If, within fifteen (15) days of receipt of the notice of selection of the professional panelists, the claimant or the health care provider against whom the claim is made files an affidavit stating his belief that a professional 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) professional panel members under this subsection.
(b) 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. Any panel member wishing to be excused under this rule, shall submit his request in writing stating in detail the reason therefore, within fifteen (15) days of notice of his selection to the panel, or immediately upon becoming aware of a disqualification which arises after the time of selection.
(a) Members of the panel shall receive the following compensation while engaged in the business of the board, not to exceed two thousand dollars ($2000) per claim reviewed;
(i) Five hundred dollars ($500) per day each day the panel is convened.
(ii) Two hundred dollars ($200) per day per preparation day.
(iii) Compensation for travel and other services as provided in W.S. 9-3-102 and 9-3-103.
Section 6. Ex Parte. Except to the extent authorized by law, a party or party's attorney shall not communicate, directly or indirectly, in connection with any issue of fact or law with the director or any medical review panel member concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the director shall advise all parties as soon as possible thereafter, and if requested, allow any party an opportunity to respond.