65-4907.
Compensation of panel members; assessment of costs.
(a) Each health care provider member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $750 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, then each side shall pay ½ of the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003, and amendments thereto.
History:
L. 1976, ch. 249, § 7; L. 1986, ch. 229, § 50; L. 1991, ch. 175, § 2; L. 2008, ch. 80, § 8; July 1.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1986–2021 · leading case:
Martindale v. Tenny, 829 P.2d 561 (Kan. 1992).
Martindale v. Tenny, 829 P.2d 561 (Kan. 1992).
“65-4906 and K.S.A. 1991 Supp. 65-4907 provide immunity for the members of the screening panel, govern the compensation and payment of expenses of the panel members, and provide for the assessment of the costs of the proceeding.”
Johnson v. Mehta, 974 P.2d 597 (Kan. 1999).
· cites it 12× “*1061 The single issue is whether the district court has the inherent authority to order prepayment of K.S.A. 65-4907 screening panel costs in the form of a deposit from the party requesting the panel.”
Sperry (ID 47031) v. Corizon Health, Inc. (D. Kan. 2020).
· cites it 2× “§ 65-4907(a). These costs, including travel expenses and other expenses, “shall be paid by the side in whose favor the majority opinion is written” or they shall be split evenly by each side if the panel is unable to make a recommendation.”
Simmons (ID 117440) v. Cline (D. Kan. 2020).
· cites it 2× “ANN § 65-4907(a) (stating that each healthcare provider is paid $500 and that the chairperson is paid $750).”
Simmons (ID 117440) v. Cline (D. Kan. 2021).
· cites it 2× “§ 65-4907(b). As the court previously explained in its order dated September 29, the Act’s primary purpose is to encourage early settlement.”
Smith v. Frazier, 717 P.2d 531 (Kan. Ct. App. 1986).
“60-2003 against plaintiffs pursuant to K.S.A. 65-4907. Finally, the trial court was correct in not assessing any costs against Newman Memorial County Hospital or the Mental Health Center of East Central Kansas.”
— K.S.A. § 65-4907(a) — 3 cases
Johnson v. Mehta, 974 P.2d 597 (Kan. 1999).
“*1061 The single issue is whether the district court has the inherent authority to order prepayment of K.S.A. 65-4907 screening panel costs in the form of a deposit from the party requesting the panel.”
Sperry (ID 47031) v. Corizon Health, Inc. (D. Kan. 2020).
“§ 65-4907(a). These costs, including travel expenses and other expenses, “shall be paid by the side in whose favor the majority opinion is written” or they shall be split evenly by each side if the panel is unable to make a recommendation.”
Simmons (ID 117440) v. Cline (D. Kan. 2020).
“ANN § 65-4907(a) (stating that each healthcare provider is paid $500 and that the chairperson is paid $750).”
— K.S.A. § 65-4907(b) — 4 cases
Johnson v. Mehta, 974 P.2d 597 (Kan. 1999).
“*1061 The single issue is whether the district court has the inherent authority to order prepayment of K.S.A. 65-4907 screening panel costs in the form of a deposit from the party requesting the panel.”
Simmons (ID 117440) v. Cline (D. Kan. 2021).
“§ 65-4907(b). As the court previously explained in its order dated September 29, the Act’s primary purpose is to encourage early settlement.”
Sperry (ID 47031) v. Corizon Health, Inc. (D. Kan. 2020).
“§ 65-4907(a). These costs, including travel expenses and other expenses, “shall be paid by the side in whose favor the majority opinion is written” or they shall be split evenly by each side if the panel is unable to make a recommendation.”
Simmons (ID 117440) v. Cline (D. Kan. 2020).
“ANN § 65-4907(a) (stating that each healthcare provider is paid $500 and that the chairperson is paid $750).”
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