P.R. Laws tit. 26, § 3105

2019-02-20 00:00:00+00
§ 3105. Method to resolve controversies and impasses in the negotiation

Providers, provider representatives, third-party administrators and health services organizations shall submit to arbitration any controversy that has reached an impasse in the collective bargaining process authorized by this chapter.

By request of any of the aforementioned parties, the Department of Health, after having notified the other party, shall appoint an Arbitration Commission, whose entire proceedings shall be governed by the regulations to be prepared by the Department of Health and the Office of the Insurance Commissioner, and shall be covered under §§ 3201 et seq. of Title 32, known as the “Puerto Rico Arbitration Act”. Each Arbitration Commission, which shall be constituted in fifteen (15) days as of the date of notice by the parties designated, shall be composed of the following three (3) arbitrators, who shall be appointed as follows:

(1) An economist, preferably with experience in the field of health or insurance, designated by the President of the Economists’ Association.

(2) An independent and neutral intervener, certified by the Alternative Dispute Resolution Bureau, attached to the Office of the Chief Justice of the Supreme Court of Puerto Rico.

(3) An expert in the area of health services, designated by the Secretary of the Department of Health, who has no conflicts of interest.

The decision issued by the panel of arbitrators may be reviewed by the Court of First Instance of Puerto Rico located, within the territorial bounds where the parties reside, and the same shall be seen summarily, after the subpoena provided for by law is served.

Payment of the arbitrators shall be the responsibility of the parties, and the Department of Health shall be responsible for the disbursement, which matter, as well as all matters pertaining to the operations of the Arbitration Commissions, shall be subject to the regulations prepared by the aforementioned three (3) agencies.

History —Ins. Code, added as § 31.050 on Aug. 8, 2008, No. 203, § 1, eff. 90 days after Aug. 8, 2008.