A roster of physicians, lawyers and members of the public are jointly appointed by DNS and the DHW. Ten or more physicians are required for the roster to be on-call if/as needed. The physicians will serve on the roster for a period of three years and must be available to participate in arbitration during those three years if selected. Rostered physicians are eligible for a second three-year term if approved by both DNS and DHW. 

The arbitration panel is seldom called, however, when it is called, physicians will be notified in advance to facilitate scheduling.

Costs incurred for the arbitration proceeding are evenly split between the physician requesting arbitration and the DHW, no matter the panel’s decision.

About the panel

The panel is enacted only if facilitated resolution is unsuccessful. Cases that proceed to arbitration by resolution panel will be heard by a panel made up of a physician, a lawyer and a member of the public. Decisions made are binding to both parties and cannot be appealed further. 

Panel physicians are required to submit timesheets to MSI and will be remunerated at the hourly sessional rate of 70 MSU when they are selected to hear an arbitration case.

How panellists are selected from the candidate roster to participate in arbitration cases

Representatives from each category (physician, lawyer and public member) will be chosen to form the panel by starting at the top of each category’s roster and moving sequentially down the roster until a non-conflicted member from each category is located who is available to participate within 60 days.

If none of the members in a particular category are available within 60 days, the next available non-conflicted member in that category will be chosen. 

For each subsequent panel, the search for available members on each category roster will start immediately after the member most recently chosen to participate on a panel.

The panel member chosen from the lawyer category serves as chair of the panel.

Responsibilities

The Arbitration by Resolution Panel is responsible for:

• Delivering a decision on billing audit matters contained in the Notice of Determination which are contested in the Notice of Dispute in accordance with the Commercial Arbitration Act, S.N.S. 1999, c.5, (CAA)
  • The decision will be based on the MSI Physician’s Manual and applicable legislation. Relevant written correspondence/documents between MSI and the physician may be considered. Only the version of the Manual that was in effect at the time the services in dispute were provided will be considered. 
  • The decision of the Resolution Panel shall be final and binding on the physician and DHW. The Chair will provide a written decision, signed by all members of the panel, within 10 days of the conclusion of the Arbitration.

Decisions are based on majority vote. 

Criteria

Physicians who are interested in serving on the arbitration by resolution panel must:

• be a member of Doctors Nova Scotia
• be willing to commit to a three-year term
• have a solid understanding of billing rules and fee code interpretation
• be willing to work collaboratively with other panel members

How to apply

Doctors Nova Scotia members interested in serving on the panel should submit an Expression of Interest form.