410.104
(a) If issues remain unresolved after a benefit review conference, the parties, by agreement, may elect to engage in arbitration in the manner provided by this subchapter. Arbitration may be used only to resolve disputed benefit issues and is an alternative to a contested case hearing. A contested case hearing scheduled under Section 410.025(b) is […]
410.105
(a) The division shall establish regional lists of arbitrators who meet the qualifications prescribed under Sections 410.102(a) and (b). Each regional list shall be initially prepared in a random name order, and subsequent additions to a list shall be added chronologically. (b) The commissioner shall review the lists of arbitrators annually and determine if each […]
410.106
The division shall assign the arbitrator for a particular case by selecting the next name after the previous case’s selection in consecutive order. The division may not change the order of names once the order is established under this subchapter, except that once each arbitrator on the list has been assigned to a case, the […]
410.107
(a) The division shall assign an arbitrator to a pending case not later than the 30th day after the date on which the election for arbitration is filed with the division. (b) When an arbitrator has been assigned to a case under Subsection (a), the parties shall be notified immediately. Acts 1993, 73rd Leg., ch. […]
410.108
(a) Each party is entitled, in its sole discretion, to one rejection of the arbitrator in each case. If a party rejects the arbitrator, the division shall assign another arbitrator as provided by Section 410.106. (b) A rejection must be made not later than the third day after the date of notification of the arbitrator’s […]
410.109
(a) The arbitrator shall schedule arbitration to be held not later than the 30th day after the date of the arbitrator’s assignment and shall notify the parties and the division of the scheduled date. (b) If an arbitrator is unable to schedule arbitration in accordance with Subsection (a), the division shall appoint the next arbitrator […]
410.111
The commissioner shall adopt rules for arbitration consistent with generally recognized arbitration principles and procedures. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.173, eff. Sept. 1, 2005.
410.112
(a) Not later than the seventh day before the first day of arbitration, the parties shall exchange and file with the arbitrator: (1) all medical reports and other documentary evidence not previously exchanged or filed that are pertinent to the resolution of the claim; and (2) information relating to their proposed resolution of the disputed […]
410.113
(a) Each party shall attend the arbitration prepared to set forth in detail its position on unresolved issues and the issues on which it is prepared to stipulate. (b) A party commits an administrative violation if the party does not attend the arbitration unless the arbitrator determines that the party had good cause not to […]
410.114
(a) The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by a party. (b) The division shall make an electronic recording of the proceeding. (c) An official stenographic record is not required, but any party may at the party’s expense make a stenographic record of the proceeding. […]