CRAIN, J.
The plaintiff appeals a judgment denying her petition for declaratory and mandamus relief in connection with a medical review panel proceeding. We affirm in part, reverse in part, and render.
At issue in this appeal is whether the Louisiana Patient's Compensation Fund Oversight Board (PCF) exceeded its statutory authority while processing a request for a medical review panel. The relevant facts are not in dispute. Lori Franks has twin minor sons, referred to herein as "A.F." and "C.F.," who received medical treatment for several years from Charlotte A. Hollman, M.D., and Deborah K. Gahagan, a nurse practitioner in Dr. Hollman's office. In January of 2015, Franks mailed a single letter to the Division of Administration requesting a medical review panel be formed to review the care provided by Dr. Hollman and Gahagan to both A.F. and
The Act also provides that a request "shall contain ... [t]he name of only one patient for whom, or on whose behalf, the request for review is being filed." See La. R.S. 40:1231.8A(1)(b)(ii), Upon receipt of Frank's request, the PCF assigned two file numbers to the matter, one number for A.F.'s claim and a different number for C.F.'s claim, effectively splitting the request into two separate proceedings. The PCF then applied Frank's $200 check to the filing fee for A.F.'s claim against Dr. Hollman and Gahagan, and forwarded a letter to Frank acknowledging receipt of the claim and instructing her to proceed with the appointment of an attorney chairman. In a separate letter that referenced only C.F.'s claim, mailed on the same date, the PCF advised Franks a filing fee of $200 was due for that claim and had to be paid within forty-five days of the date the notice was mailed pursuant to Louisiana Revised Statute 40:1231.8A(1)(c).
Franks filed the present proceeding seeking declaratory and mandamus relief against the PCF, Dr. Hollman, and Gahagan.
In response, the defendants maintained the PCF undertook reasonable measures to process a claim improperly filed on behalf of two patients. According to the defendants, when the PCF was presented with Frank's request filed on behalf of A.F. and C.F., the PCF reasonably assigned separate file numbers to each claim, allocated the $200 check to one of the claims, and notified Franks that a $200 filing fee was due for the other claim.
After a hearing on the matter, the trial court ruled in favor of the defendants, explaining in written reasons:
A judgment was signed in accordance with those reasons. Franks appeals and assigns as error the trial court's finding the PCF did not exceed its authority, and the trial court's denial of her petition for declaratory and mandamus relief.
A person is entitled to a declaratory judgment when her rights are uncertain or disputed in an immediate and genuine situation, and the declaratory judgment will remove the uncertainty or terminate the dispute. See La. Code Civ. Pro. arts. 1871, 1875; In re Succession of Beard, 13-1717 (La.App. 1 Cir. 6/6/14), 147 So.3d 753, 762. A writ of mandamus may be directed to a public officer to compel the performance of a ministerial duty required by law. See La. Code Civ. Pro. arts. 3861-63; Berthelot v. Patients' Compensation Fund Oversight Board, 07-0112 (La.App. 1 Cir. 11/2/07), 977 So.2d 967, 973 n.6, writ denied, 07-2328 (La. 2/1/08), 976 So.2d 720. In mandamus proceedings against a public officer involving the performance of official duty, nothing can be inquired into but the question of duty on the face of the statute and the ministerial character of the duty the is charged to perform. Keating v. Van Deventer, 14-0157 (La.App. 1 Cir. 9/19/14), 153 So.3d 1200, 1205 n.6, writs denied, 142188 (La. 1/9/15), 157 So.3d 598, 599, and 1106.
In this declaratory and mandamus proceeding, the issue is the extent of the PCF's authority to process requests for medical review panels. The resolution of that issue turns on the proper interpretation of the Medical Malpractice Act. The starting point for interpretation of any statute is the language of the statute itself, as the text of the law is the best evidence of legislative intent. See La. R.S. 24:177 B(1); Rando v. Anco Insulations, Inc., 08-1163 (La. 5/22/09), 16 So.3d 1065, 1075. The Medical Malpractice Act constitutes special legislation in derogation of the general rights available to tort victims and, therefore, must be strictly construed. See Dupuy v. NMC Operating Company, L.L.C., 15-1754 (La. 3/15/16), 187 So.3d 436, 439; Galloway v. Baton Rouge General Hosp., 602 So.2d 1003, 1005 (La. 1992). The interpretation of a statute is a question of law that is reviewed on appeal under the de novo standard of review. See Red Stick Studio Development, L.L.C. v. State ex rel. Department of Economic Development, 10-0193 (La. 1/19/11), 56 So.3d 181, 187.
A request for review of a medical malpractice claim involving a qualified healthcare provider is governed by Section 40:1231.8 of the Medical Malpractice Act. Subparagraph A(1)(b) of that statute addresses the required contents of a request as follows:
While the statute mandates this information be contained in a request, the Medical Malpractice Act is silent as to the consequences, if any, of a claimant's failure to comply with these provisions. As recognized by the court in Ward v. Vivian Healthcare and Rehabilitation Center, 47,649 (La.App. 2 Cir. 5/15/13), 116 So.3d 870, 874:
By comparison, if a claimant fails to timely pay the required filing fee, which is statutorily set at $100 per named defendant in Subparagraph 40:1231.8A(1)(c), the statute declares the request to be "invalid and without effect" and "shall not suspend [the] time within which suit must be instituted." See La. R.S. 40:1231.8A(1)(e) & (2)(b); Morris v. Patient's Compensation Fund Oversight Board, 07-2468 (La.App. 1 Cir. 5/28/08), 991 So.2d 551, 555.
Here, when presented with Franks' request that identified two patients, the PCF unilaterally divided the request and used the enclosed check to pay the filing fee for the claim of its choosing. While the PCF argues that it acted reasonably in processing the request in that manner, the issue is not whether the PCF's actions were reasonable; the issue is whether those actions are legislatively authorized. We find they are not.
The PCF, as a creature of the legislature, can have no greater authority than that given it by the legislature. See Berthelot, 977 So.2d at 974. The PCF's authority to process a request for a medical review panel is defined in Louisiana Revised Statute 40:1231.8A, which provides as follows:
Under these provisions, the PCF's duties are limited to the following: (1) confirming receipt of the claim and the qualifications of the health care providers, (2) giving notice of filing fees within specified time frames, (3) notifying healthcare providers that a claim has been filed and that a request for the formation of a medical review panel has been made, (4) forwarding a copy of the claim to the healthcare provider, and (5) notifying all parties when the required filing fee is received by the PCF and whether the claimant has timely or not timely paid the required filing fee. See Berthelot, 977 So.2d at 973. These duties are mandatory and clerical or ministerial in nature to facilitate the medical review process. See Bosarge v. Louisiana Patient's Compensation, Fund, 08-1923 (La.App. 1 Cir. 5/8/09), 16 So.3d 10, 15.
Fulfilling these duties is all the PCF is authorized or required to do for panel requests. Berthelot, 977 So.2d at 973. In that regard, the PCF stands in the same position as clerks of court, who are charged by the legislature with the duty to receive and process pleadings filed in judicial proceedings. See In re Elliott, 06-1440 (La.App. 3 Cir. 4/9/08), 980 So.2d 881, 890, writ denied, 08-1008 (La. 8/29/08), 989 So.2d 102.
In Berthelot, the PCF determined, on its own accord, that the claimant's request did not allege medical malpractice, and, for that reason, it refused to initiate the panel process. Berthelot, 977 So.2d at 968-69. Given the absence of any legislative authorization for the PCF to make that determination, this court found that the PCF exceeded its authority and assumed an adversarial role that was incompatible with
Berthelot, 977 So.2d at 974 (citations omitted).
Here, the PCF similarly performed act that were adversarial or adjudicatory nature when it reviewed Franks' request determined that the request did not comply with Louisiana Revised Statute 40:1231.8A(1)(b), divided the request into two separate claims, and selected which claim would receive the benefit of the check enclosed for the filing fee. Upon receipt of Franks' request, the PCF was duty-bound to confirm receipt of the claim and the qualifications of the health care providers, calculate the filing fee, and proceed with the notifications required by the Act. See La. R.S. 40:1231.8A(3)-(6); Bosarge, 16 So.3d at 15; Berthelot, 977 So.2d at 973. That is all the PCF was authorized to do. See Berthelot, 977 So.2d at 973.
While the PCF may argue that the calculation of the filing fee required the division of the request into two separate claims, the language of the Act does not reveal any necessity for the PCF to unilaterally take that action. The calculation of the fee is controlled by Subparagraph A(1)(c), which provides that the fee is "one hundred dollars per named defendant." La. R.S. 40:1231.8A(1)(c). Franks' request, as presented to the PCF, was embodied in one document and named two defendants. Under a strict construction of the statutory language, the PCF was authorized to assess a filing fee for Franks' request, as presented, of $100 per defendant, for a total of $200. Although the request admittedly includes the names of two patients, the Act does not direct the PCF to calculate the fee based upon the number of patients in the request, nor does it permit the PCF to modify a request that includes multiple patients by dividing the request into separate claims and assessing fees to each claim individually. However well intended, in processing a request, the PCF a is performing a limited clerical role and cannot improvise measures not authorized by the Act.
For these reasons, the trial court's judgment denying Franks' request for declaratory relief is reversed, and judgment is rendered declaring the PCF exceeded its authority by dividing Franks' request into two separate claims and allocating Franks' check to the claim of its choosing. We reverse the trial court's judgment in that regard and grant Franks' petition to the extent it seeks that declaratory relief. We further issue a writ of mandamus ordering the PCF to reinstate Franks' request, as presented and filed, by assigning a single file number to the request, confirming receipt of the $200 filing fee, and providing the notifications required by Louisiana Revised Statute 40:1231.8.
Franks additionally argues she is entitled to judgment declaring that C.A.'s claim was timely filed. However, until her request for a medical review panel has been reconstituted and processed in its original form by the PCF, it would be premature for this court to grant any further relief at this time. Courts will not render advisory opinions. Louisiana Federation of Teachers v. State, 11-2226 (La. 7/2/12), 94 So.3d 760, 763. A court must refuse to entertain an action for a declaration of rights if the issue presented is academic, theoretical, or based on a contingency that may or may not arise. Louisiana Federation of Teachers, 94 So.3d at 763.
Simply stated, this case is not in a procedural posture that allows for a proper determination of any issue beyond our limited holding, which returns this proceeding to its starting point when the request was originally received by the PCF, and orders the PCF to process the request in accordance with its statutory duties described herein. Until that time, any further declaratory or mandamus relief would be advisory in nature and improper. Thus, to the extent the trial court's judgment denied all other relief to Franks, including her request that C.A.'s claim be deemed timely filed, we affirm the judgment.
The trial court's judgment denying Franks' request for declaratory relief is reversed, in part, and judgment is rendered declaring the PCF exceeded its authority by dividing her request for a medical review panel proceeding into two separate claims and allocating Franks' check to the claim of its choosing. We further issue a writ of mandamus ordering the PCF to reinstate Franks' request,