37 Pa. Code § 171.71 - Certificate of readiness
(a) A
party who believes that a claim is ready for an arbitration hearing may submit
to the Administrator a certificate of readiness. The certificate of readiness
may be submitted by any party after the expiration of 60 days from the filing
of the initial complaint.
(b) The
certificate of readiness shall be properly captioned and contain a
certification stating:
(1) That the claim is
ready for assignment to an arbitration panel.
(2) That the filing party's discovery in the
case will be completed within 30 days after the date the Administrator confirms
that the claim is ready for arbitration pursuant to subsection (d).
(3) That the filing party has received the
opinion of an expert supporting his position or specific reasons why he will
not need expert testimony to prevail at the arbitration hearing.
(4) That a conciliation conference has been
held or waived by the Administrator.
(5) That serious settlement negotiations have
been conducted among the parties, but it does not appear further negotiations
will be productive.
(6) Whether the
claim involves a hospital administrator, podiatrist or osteopathic physician or
surgeon.
(7) That on or before the
day of filing, a copy of the certificate of readiness was mailed to or served
personally upon all other parties.
(c) Any objection to a certificate of
readiness must be properly captioned as such and filed within 14 days after the
objecting party has received the certificate of readiness. The objection to a
certificate of readiness shall set forth a detailed and specific explanation of
why the claim is not ready for assignment to an arbitration panel.
(d) If, upon review of the record, the
Administrator confirms that the claim is ready for arbitration, he will begin
the selection of an arbitration panel and will notify the parties in writing of
his decision.
(e) Solely for
purposes of section 403 of the act (40 P. S. §
1301.403), a certificate of readiness will be
considered to be filed when the Administrator receives it and one of the
following conditions is satisfied:
(1) The
certificate of readiness has been signed by all the parties to a
claim.
(2) The certificate of
readiness has been signed by one party and a stipulation has been signed by all
other parties waiving any objection to the certificate.
(3) No timely objection to a certificate of
readiness has been submitted to the Administrator.
(4) If any written objection was submitted,
the Administrator has dismissed the objection and confirmed that the claim is
ready for arbitration.
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