( b) Neither party has the right to issue subpoenas or interrogatories or to depose witnesses or other individuals prior to the hearing or to otherwise compel any individual to participate in the hearing or pre-hearing process.
( c) Neither the individual who requested the hearing, nor any other person acting on behalf of the individual, may contact Hospital employees or Medical Staff or Advanced Practice Provider Staff members whose names appear on the MEC’ s witness list or in documents provided pursuant to this Article concerning the subject matter of the hearing, until the Hospital has been notified and has contacted the individuals about their willingness to be interviewed.
( d) The Hospital will advise the individual who requested the hearing once it has contacted the employees or members and confirmed their willingness to meet. Any employee or member may agree or decline to be interviewed by or on behalf of the individual who requested the hearing. If an employee or member who is on the MEC’ s witness list agrees to be interviewed pursuant to this provision, counsel for the MEC may be present for the interview.
8. B. 2. Witness List:( a) The witness list will include a brief summary of the anticipated testimony.
( b) The witness list of either party may, in the discretion of the presiding officer, be amended at any time during the hearing, provided that notice of the change is given to the other party. If the witness list is amended, the other party may request a postponement if additional time is needed to prepare for the new witness.
8. B. 3. Provision of Relevant Information:
( a) Prior to receiving any confidential documents, the individual requesting the hearing must agree, in writing, that all documents and information will be maintained as confidential and will not be disclosed or used for any purpose outside of the hearing. The individual must also provide a written representation that their counsel and any expert( s) have executed Business Associate agreements in connection with any patient Protected Health Information contained in any documents provided.
( b) Upon receipt of the above agreement and representation, the individual requesting the hearing will be provided with a copy of the following:
( 1) copies of, or reasonable access to, all patient medical records referred to in the statement of reasons, at the individual’ s expense;
( 2) reports of experts relied upon by the MEC;
( 3) copies of relevant minutes( with portions regarding other physicians and unrelated matters deleted); and
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