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PA Bulletin, Doc. No. 03-797

NOTICES

Larry Braunstein; Hearing

[33 Pa.B. 2136]

Appeal of Larry Braunstein under the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.910); Doc. No. MM03-04-014

   On or before May 20, 2003, the appellant shall file a concise statement setting forth the factual and legal basis for his disagreement with MCARE's March 10, 2003, determination. The statement may be in narrative form or in numbered paragraphs, but in either event shall not exceed two pages.

   The proceeding in this matter will be governed by 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and 31 Pa. Code Chapter 56 (relating to special rules of administrative practice and procedure).

   A prehearing telephone conference initiated by this office is scheduled for May 27, 2003, at 1:30 p.m. Each party shall provide a telephone number to be used for the telephone conference to the Hearings Administrator on or before May 13, 2003. A hearing shall occur on June 11, 2003, at 1:30 p.m. in Room 200, Administrative Hearings Office, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA.

   On or before June 4, 2003, each party shall file with the Administrative Hearings Office a prehearing statement which shall contain: (1) a comprehensive statement of undisputed facts to be stipulated between the parties; (2) a statement of additional contended facts; (3) names and address of witnesses along with the specialties of experts to be called; (4) a list of documents to be used at the hearing; (5) special evidentiary or other legal issues; and (6) the estimated time for the party's case. Contemporaneously with service of the prehearing statement on the opposing party, each party shall supply the other with a copy of any report generated by an expert witness designated on the prehearing statement. Any report subsequently received from a party's expert witness prior to hearing shall be supplied to the other party within 2 business days. Copies of expert reports need not be filed with the Administrative Hearings Office.

   Motions preliminary to those at hearing, protests, petitions to intervene or notices of intervention, if any, must be filed on or before June 3, 2003, with the Hearings Administrator, Administrative Hearings Office, Capitol Associates Building, Room 200, 901 North Seventh Street, Harrisburg, PA 17102. Answer to petitions to intervene, if any, shall be filed on or before June 10, 2003.

   Persons with a disability who wish to attend the previously referenced administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Tracey Pontius, Agency Coordinator, (717) 787-4298.

M. DIANE KOKEN,   
Insurance Commissioner

[Pa.B. Doc. No. 03-797. Filed for public inspection April 25, 2003, 9:00 a.m.]


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