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EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
c. A notice given to a health care provider pursuant to this section
shall contain, at a minimum, a statement of the following:
(1) the factual basis for the proposed action;
(2) the applicable standard of practice or care alleged by the
claimant;
(3) the manner in which it is claimed that the applicable standard of
practice or care was breached by the health care provider;
(4) the alleged action that should have been taken to achieve
compliance with the alleged standard of practice or care;
(5) the manner in which it is alleged that the breach of the standard of
practice or care was the proximate cause of the injury that is the subject
of the proposed action; and
(6) the names of all health care providers that the claimant is
notifying pursuant to this section in connection with the proposed action.
d. No later than 90 days after receipt of the notice pursuant to this
section, a health care provider who is a recipient of the notice shall
furnish to the claimant a written response that contains a statement of the
following:
(1) the factual basis for the defense of the proposed action;
(2) the standard of practice or care that the health care provider
claims to be applicable to the proposed action and that the health care
provider complied with that standard;
(3) the manner in which it is claimed by the health care provider that
there was compliance with the applicable standard of practice or care;
and
(4) the manner in which the health care provider contends that the
alleged negligence was not the proximate cause of the claimant's alleged
injury.
e. No earlier than 60 days, but before 180 days, after the notice is
mailed, the claimant and health care provider notice recipient shall
conduct a pre-claim review session to determine the appropriate parties
to the proposed action and such other issues as the parties may agree to
discuss.
(1) The session shall be conducted by a neutral third party, to be
called a "neutral," who shall be selected from a list of qualified neutrals
that is maintained by the Department of Banking and Insurance.
(2) The claimant shall begin the pre-claim review process by
initiating the appointment of a neutral. If necessary, multiple sessions
may be scheduled. The claimant shall request from the department a list
of three neutrals, from which one neutral shall be chosen. The selection
of a neutral shall be pursuant to the written agreement of the parties. If
the parties cannot agree on a neutral from the list of three neutrals
provided by the department, the parties may submit the names of other
neutrals to each other for consideration. If the parties cannot agree on a
neutral from that list, the neutral shall be selected from the next available
neutral on the list maintained by the department.
A person serving as a neutral shall comply with neutrality standards
established by the Commissioner of Banking and Insurance, which shall
include ensuring against conflicts of interest, professional relationships
and such other issues as determined by the commissioner.
(3) Attorneys and parties to the proposed action have an obligation to
participate in the pre-claim review session in good faith in accordance
with department regulations.
(4) The neutral and parties to the proposed action shall review the
notice of intent to file an action, the health care provider's response and
