In the event any hospital desires to dispute a policy of the Medical Control Board affecting patient distribution, that hospital may at its option institute procedures for binding arbitration as follows:
(A) The hospital wishing to contest the specified policy shall present its position in writing to the Medical Control Board, including one or more proposed remedies acceptable to the hospital.
(B) If the Medical Control Board rejects all remedies proposed by the hospital, the hospital may appoint a physician expert in the medical specialty to which the contested policy is related to serve as a member of an arbitration team, provided that such physician shall have no affiliation, direct or indirect, with any hospital or physician group practicing within the contract service area.
(C) The Medical Control Board shall then appoint a physician expert in the medical specialty to which the contested policy is related to serve as a member of the arbitration team, provided that such physician shall have no affiliation, direct or indirect, with any hospital or physician group practicing within the contract service area.
(D) The two appointed members of the arbitration team shall then jointly appoint a third physician, expert in the medical specialty to which the contested policy is related, to serve as the third member of the arbitration team, provided that such physician shall have no affiliation, direct or indirect, with any hospital or physician group practicing within the contract service area.
(E) The arbitration team shall then review such written documentation related to the dispute as may be available, and shall conduct such site visit inspections and on-site interviews as the team deems appropriate, and shall render a decision on the disputed matter either in favor of the Medical Control Board or in favor of the hospital initiating the arbitration process, and such decision shall be final. The arbitration team shall not have authority to impose any resolution which was not proposed by either the Medical Control Board or the hospital initiating the proceedings.
(F) The actual and reasonable cost of the arbitration process, including consulting fees and travel reimbursement, shall be paid by the hospital initiating the arbitration process.
(Ord. 450, passed 5-9-95)