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HB0026 • 2010

Medical review panel.

AN ACT relating to the administration of government; amending the time for a claimant to file an expert's statement; providing for the inadmissibility in court of proceedings filed with and decisions by the medical review panel; requiring that litigation results be reported to the panel; providing for the assessment of costs as specified; and providing for an effective date.

Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Labor
Last action
2010-03-09
Official status
enrolled
Effective date
7/1/2010

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0026H2001

2nd reading • BROWN

Withdrawn

Plain English: Withdrawn 2nd reading by BROWN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0026H3001

3rd reading • BROWN

Adopted

Plain English: Adopted 3rd reading by BROWN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0026HS001

Standing Committee • H10

Adopted

Plain English: Adopted Standing Committee by H10

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0026SS001

Standing Committee • SCOTT

Adopted

Plain English: Adopted Standing Committee by SCOTT

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2010-03-09 LSO

    Assigned Chapter Number - 81

  2. 2010-03-09 Governor

    Governor Signed HEA0056

  3. 2010-03-04 Senate

    S President Signed HEA No. 0056

  4. 2010-03-04 House

    H Speaker Signed HEA No. 0056

  5. 2010-03-04 LSO

    Assigned Number HEA0056

  6. 2010-03-03 Senate

    S Adopted HB0026JC01

  7. 2010-03-03 House

    H Adopted HB0026JC01

  8. 2010-03-01 Senate

    S Appointed JCC01 Members

  9. 2010-03-01 House

    H Appointed JCC01 Members

  10. 2010-03-01 House

    H Did Not Concur

  11. 2010-02-26 House

    H Received for Concurrence

  12. 2010-02-26 Senate

    S Passed 3rd Reading

  13. 2010-02-25 Senate

    S Passed 2nd Reading

  14. 2010-02-24 Senate

    S Passed CoW

  15. 2010-02-24 Senate

    S Amendments Adopted

  16. 2010-02-24 Senate

    Amendment Adopted

  17. 2010-02-19 Senate

    S Placed on General File

  18. 2010-02-19 Senate

    S10 Recommended Amend and Do Pass

  19. 2010-02-17 Senate

    S Introduced and Referred to S10

  20. 2010-02-17 Senate

    S Received for Introduction

  21. 2010-02-16 House

    H Passed 3rd Reading

  22. 2010-02-16 House

    Amendment Adopted

  23. 2010-02-15 House

    H Passed 2nd Reading

  24. 2010-02-12 House

    H Passed CoW

  25. 2010-02-12 House

    H Amendments Adopted

  26. 2010-02-12 House

    Amendment Adopted

  27. 2010-02-11 House

    H Placed on General File

  28. 2010-02-11 House

    H10 Recommended Amend and Do Pass

  29. 2010-02-09 House

    H Introduced and Referred to H10

  30. 2010-02-08 House

    H Received for Introduction

  31. 2010-01-06 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0026
Drafter:

JWL

LSO No.:
10LSO-0049
Effective Date:

7/1/2010

Enrolled Act No.:
HEA0056

Chapter No.:

Prime Sponsor:
Joint Labor, Health and Social Services
Interim Committee

Catch Title:
Medical
review panel.

Subject:
Amends procedures
before and admissibility of decisions by the medical review panel.

Summary/Major Elements:

Current law requires a
claimant to submit an expert's statement to the medical review panel within
sixty days of submitting a claim to the panel. This act amends that time
period to sixty days after the respondent health care provider files an answer
to the claim.

Current law provides that the
decision of the panel and pleadings submitted to the panel may be admitted in a
subsequent court trial, in the discretion of the trial court. This act provides
that the decision of the panel, and any testimony, documents or materials
incorporated into the decision, shall be admissible in court only for purposes
of impeaching a witness.

This act requires a
claimant/plaintiff to report the results of subsequent litigation to the review
panel within sixty days of the final disposition of the litigation.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0026

ENROLLED ACT NO. 56, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
the administration of government;
amending the time for a claimant to file an expert's statement;
specifying the admissibility
in court of proceedings
filed with

and decisions by
the medical review panel;

requiring that litigation results be reported to the panel;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
9
‑
2
‑
1519(b),
9
‑
2
‑
1522(c) and
9
‑
2
‑
1523 by creating new subsection
s
(c)
and (d)

are
amended to read:

9
‑
2
‑
1519.

Claim review procedure; contents of claim; service of claim on provider; answer.

(b)

The claimant shall submit, within
sixty (60)

days following
the submission of the claim

receipt of the health care provider's answer as required by subsection (e) of this section
, 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.

9
‑
2
‑
1522.

Panel deliberations and decision; decision not binding.

(c)

The final decision shall be in writing and forwarded to the director who shall serve copies on the parties. The panel's decision is not binding upon any party
. The decision of the panel and any
testimony, documents or

materials submitted
by the parties
thereto
may

and incorporated into the decision of the panel
shall

be
admissible in whole or in part
solely for purposes of impeachment

in any subsequent trial of the matter, subject to the discretion of the trial court
,

and

in accordance with the Wyoming Rules of Evidence.

9
‑
2
‑
1523.

Confidentiality of panel proceedings; privilege;
proceedings and
decision
in
admissible
; assessment of costs
.

(c)

The claim, answer, decision and any other pleadings served under this act shall not be admissible in any subsequent civil action brought by the claimant
against the health care provider for alleged malpractice.

(d)

If the claimant files a complaint in court following a panel decision, the plaintiff shall submit to the panel a written statement of the outcome of the litigation within sixty (60) days of the final disposition of the litigation.

Section 2.

This act is effective July 1, 2010.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1