Section 120. Informal fact finding

Part III. Informal Hearing Procedures

Peer review committee consideration of each request for review shall be conducted as follows:

1. Meetings of the peer review committee shall be scheduled by the chairman. The informal hearing on a request for review shall be scheduled during a meeting of the peer review committee. The hearing shall be scheduled on the next open agenda and shall be held no later than 180 days after the date the request is received by the commission.

2. The Secretary of the Statewide Coordinating Committee shall notify the defending party by certified mail, return receipt requested, of the date of the informal hearing no less than 15 days before the hearing. A copy of the notice shall be sent to the party requesting review. In the event there is a request for a continuance of an informal hearing, the decision whether to grant the continuance shall be left to the discretion of the chairman.

3. Informal hearings on requests for review shall be conducted as follows:

a. A quorum shall consist of three members;

b. The chairman or his designated substitute shall preside;

c. The committee member who evaluated the request for review shall present orally his evaluation and recommendation;

d. The defending party shall be advised of any contrary factual basis or information in the committee's possession upon which the committee may rely in making an adverse decision;

e. The chairman shall allow the defending party, or counsel, an opportunity to present factual data, argument, or proofs for a period of time not exceeding 20 minutes;

f. Upon the conclusion of the presentation of all relevant information, the hearing will be closed;

g. The committee will, at a convenient time, conduct its deliberations outside the presence of the parties.

4. The peer review committee shall determine whether the physician has provided treatment or charged fees as prevail in the same community for injuries requiring similar treatment when the treatment is paid for by the injured person (§ 65.2-605 of the Code of Virginia).

5. Peer review committee proceedings, deliberations, and records constitute privileged communications as provided by § 65.2-1308 of the Code of Virginia. Committee communications, both oral and written, shall not be disclosed except as provided.

Historical Notes

Derived from VR405-02-01 § 3.1, eff. Jan. 9, 1981; July 16, 1993.

Statutory Authority

§ 65.2-1305 of the Code of Virginia.