La. Admin. Code tit. 37 § III-1101

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-1101 - Notice of Claims, Reserves, Proposed Settlement

A. Within 90 days of the date on which a malpractice claim is asserted, or of the date on which a claim that may reasonably impact the fund becomes probable of assertion, against an enrolled health care provider, the health care provider, or the health care provider's liability insurer, shall give notice of such claim to the executive director, if the executive director has not previously received notice of the claim or medical review panel request. Such notice shall include identification of the person or persons asserting the claim, the nature of the claim, the circumstances surrounding and the date or dates of the occurrences giving rise to the claim. Such notice shall also advise of the name and address of the attorney at law, if any, retained by the health care provider or his or its insurer to represent the health care provider in defense of the claim. If an attorney has not been retained by the health care provider or insurer at the time of such notice, notice shall thereafter be given to the executive director within 10 days of the retention of an attorney to represent the health care provider.

B. Upon the assertion of a claim that may reasonably exceed the limitation of liability afforded the health care provider under the Act against an insured health care provider enrolled with the fund or against a self-insured health care provider which establishes reserves against individual claims, the health care provider or his or its insurer, as the case may be, shall promptly give notice to the executive director of the amount of indemnity that has been established and allocated to the claim by the health care provider or insurer. Within 30 days of the adjustment or modification of any such reserve, a health care provider or insurer shall give notice of such adjustment or modification to the executive director.

C. Each health care provider enrolled with the fund, or the insurer of an enrolled health care provider on behalf of such health care provider, shall give not less than 10 days prior written notice to the executive director of any proposed compromise or settlement of a malpractice claim asserted against the health care provider.

D. Within 20 days of the receipt of a malpractice claim against an enrolled health care provider in the form of a lawsuit, the health care provider, or the health care provider's liability insurer, shall furnish a copy of the lawsuit to the PCF. The health care provider, or the health care provider's liability insurer, shall also furnish to the PCF within 20 days of receipt, a copy of all amending pleadings related to the lawsuit. In any civil action or proceeding in which a health care provider files a dilatory exception of prematurity pursuant to Code of Civil Procedure Article 926(A)(1), said health care provider shall send a copy of the exception and the petition for damages to the board, via certified mail, return receipt requested, concurrently with serving the parties to the civil action or proceeding.

E. Upon filing a petition for damages in court for bodily injuries to or death of a patient on account of medical malpractice, the claimant shall send, by certified mail, return receipt requested, a copy of said petition for damages to the board. The claimant shall also provide written notice to the board of the trial date in such proceeding.

La. Admin. Code tit. 37, § III-1101

Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 18:177 (February 1992), amended LR 29:348 (March 2003), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2541 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).