Travis L. Francis has presided over numerous cases involving healthcare issues over a 25-year career as a Judge of the Superior Court. We asked him how his expertise informs his approach on the American Arbitration Association® Healthcare Panel.
Q. What types of healthcare disputes do you typically handle as an arbitrator or mediator?
The types of disputes over which I have presided involved payor-provider disputes, healthcare partnership disputes, non-compete disputes between hospitals and individual doctors, 340b disputes, wrongful discharge actions, contractual disputes regarding reinsurance and insurance reimbursement, stop loss policy coverage and reimbursement disputes, and complex coverage disputes between payors and providers.
Q. What drew you to ADR work in the healthcare space? What do you value most about serving as a neutral on the AAA’s Healthcare Panel?
I was presiding over a dispute between one of the nation’s largest payors and several healthcare providers over the type of classifications that would be applied and tiering that would apply to the providers as determined by the payor. Following extended negotiations, which included the highest levels of payor and provider participation, preceded by several preliminary rulings, the matter was resolved. I found the issues and subject matter very interesting and challenging, along with the excellent preparation and presentations by counsel.
Q. How has your judicial experience shaped the way you approach healthcare arbitration or mediation?
When presiding over large complex healthcare issues, keep the parties focused on the major points of disagreement and keep a keen eye on the progress of discovery.
Q. Are you noticing any emerging issues or trends in healthcare cases coming to arbitration?
“Sampling” is a trend that has provided efficiencies in handling cases involving a large number of claims.
Q. What advice do you have for parties preparing for arbitration or mediation in complex healthcare disputes?
Identify issues of mutual agreement and identify methods for efficiently proceeding through discovery that take into consideration cost and time.