2018 Kentucky Revised Statutes
CHAPTER 216C - MEDICAL REVIEW PANELS (DECLARED VOID IN ITS ENTIRETY BY THE KENTUCKY SUPREME COURT)
.170 Restriction on ex parte communication with panel member -- Panel's right to all necessary and relevant information. (Declared void – See LRC Note Below)

Universal Citation: KY Rev Stat § 216C.170 (2018)

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216C.170 Restriction on ex parte communication with panel member -- Panel's right to all necessary and relevant information. (Declared void – See LRC Note Below) (1) (2) (3) A party, a party's agent, a party's attorney, or a party's insurance carrier shall not communicate with any member of the panel, except as authorized by law, before the giving of the panel's opinion. (a) The panel has the right and duty to request all necessary and relevant information. (b) The panel may consult with medical authorities. (c) The panel may examine reports of other health care providers necessary to fully inform the panel regarding the issue to be decided. (d) All parties shall have full access to any material submitted to the panel. (e) The panel may conduct a hearing to question counsel or ask the parties to answer specific questions. The chairperson of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 22, sec. 18, effective June 29, 2017. Legislative Research Commission Note (11/15/2018). On November 15, 2018, the Kentucky Supreme Court ruled that the 2017 Medical Review Panel Act, of which this section is part, violated Kentucky Constitution Section 14's guarantee of a right of access to the courts to obtain a remedy for injury and is, therefore, void in its entirety.
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