|
P1254 Under Business and Professions Code sections that permit a health care plan to suspend and terminate a provider to prevent imminent danger to health, a hearing panel may terminate a hearing if one of the parties repeatedly fails to comply with discovery demands, but a party may not unilaterally do so; in the event that the health plan does so, the provider's appropriate remedy is to petition for writ of mandate directing the plan to reinstate the proceeding; in the interest of judicial economy, the provider's action for declaratory relief should be treated as a petition for writ of mandate; until administrative remedies are exhausted, the provider may not sue for damages resulting from the termination.CitationLEE v BLUE SHIELD (Provider Termination) 154 CA4 1369 [See: B&PC 809-809.9; Mileikowsky v Tenet 128 531, P/AT 5/05; Kaiser v Superior Court 128 CA4 85, P/AT 5/05]
|
|
