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

Universal Citation: 37 PA Code ยง 171.81

Current through Register Vol. 54, No. 44, November 2, 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.

(b) All parties shall come to the conference fully prepared for a useful discussion of all problems involved in the proceeding, both procedural and substantive, and fully authorized to make commitments with respect thereto. The preparation should include, among other things, advance study of all relevant material and advance informal communication between the parties, including requests for additional data and information, to the extent it appears feasible and desirable.

(c) The arbitration panel chairperson shall make an order reciting the agreements made at the prehearing conference by counsel or the parties as to any of the matters considered. Copies of the order shall be sent to the Administrator and counsel or the parties for whom there is no counsel of record and shall control the subsequent consideration of the action unless written objection specifying an error in the recitation of such agreements is received by the panel chairperson from counsel or a party within seven days after receipt of such order or unless modified at the arbitration panel hearing with the approval of the parties and the chairperson.

(d) At the prehearing conference, the parties shall supply to opposing counsel and the chairperson a copy of all exhibits to be offered at the hearing.

(e) Subsections (a)-(d) supersede 1 Pa. Code §§35.111-35.116 (relating to prehearing conferences).

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