HomeMy WebLinkAbout80-026 WelchMr. Emmett E. Welch
2301 Edgewood Road
Harrisburg, PA 17104
Dear Mr. Welch:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
June 5, 1980
OPINION OF THE COMMISSION
80 -026
In your letter of March 3, 1980 you requested an advisory
opinion from the State Ethics Commission concerning whether
employees of the Pennsylvania Department of Health may serve as
arbitrators on arbitration panels established pursuant to the
Health Care Services Malpractice Act. Act of October 15, 1975,
P.L. 390, as amended, 40 P.S. § 1301.101 et seq.
Arbitration panels were authorized by Legislature to provide
a prompt and efficient procedure for the resolution of medical
malpractice claims: a separate arbitration panel is established
for each claim. 40 P.S. § 1301.308. Each panel consists of one
health care provider, one attorney, and one lay person selected
by the Administrator for Arbitration Panels. Act 128 of 1979
(December 14, 1979). Each party is entitled to one peremptory
challenge and unlimited challenges for cause. 40 P.S. § 1301.308 (c),
as amended, Act 128 of 1979. The panel makes findings of fact and
determinations as to liability and award of damages. 40 P.S.
§ 1301.508. The decision of the panel may be appealed de novo
to a Court of Common Pleas. 40 P.S. § 1301.509.
It is the Commission's opinion that Act 170 does not prohibit
employees of the Pennsylvania Department of Health from serving
on arbitration panels established pursuant to the Health Care Services
Malpractice Act. It is the Commission's opinion that employees of
the Department of Health are required by Act 170 to decline serving
on an arbitration panel where they had prior official contact with
either party to the arbitration.
Mr. Emmett E. Welch
June 5 , 1980
Page 2
Pursuant to Section 7(9)(i), this opinion is a complete defense
in any enforcement proceeding initiated by the Commission, and
evidence of good faith conduct in any other civil or criminal
proceeding, providing the requestor has disclosed truthfully all
the material facts and committed the acts complained of in reliance
on the advice given.
such.
PJS /nia
This letter is a public record and will be made available as
cc Arnold Muller, MD
Secretary of Health
Chairman