SECTION 187.29. Mediated Settlement Conferences

(a) In an effort to expeditiously resolve disputed issues, mediation may be held through State Office of Administrative Hearings (SOAH) in compliance with §155.37 of SOAH rules.

(1) Board members and District Review Committee (DRC) members are not parties to actions pending before SOAH, and accordingly will not be ordered or expected to attend Mediated Settlement Conferences (MSCs) before SOAH. Board members and DRC members who attended the informal show compliance proceeding will be invited by board staff to attend the MSC. If the board and DRC members who attended the informal show compliance proceeding are unable to attend the MSC, then other members of the board and DRC may be invited to attend the MSC. In appropriate cases, board staff will make every effort to have a physician-member present.

(2) All proposed mediated agreed orders are not considered final until they are approved by the board.

(3) All mediated agreed orders shall be in writing and shall contain findings of facts, conclusions of law and board actions consistent with §187.9 of this title (relating to Board Actions).

(b) The costs of mediation shall be borne equally by the parties, unless proof through affidavit and other reliable records such as tax returns show that a party is incapable of paying part of the costs of mediation.

Source Note: The provisions of this §187.29 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective January 25, 2006, 31 TexReg 394; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective August 3, 2014, 39 TexReg 5749