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Indiana Medical Malpractice Act - Chapter 3
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IC 34-18-3
Chapter 3. Need to
Qualify; Qualification Procedure
IC
34-18-3-1
Application of article
Sec. 1. A health care
provider who fails to qualify
under this article is not
covered by this article and is
subject to liability under the
law without regard to this
article. If a health care
provider does not qualify, the
patient's remedy is not affected
by this article.
As added by P.L.1-1998,
SEC.13.
IC 34-18-3-2
Qualifications; proof of
financial responsibility
Sec. 2. For a health
care provider to be qualified
under this article, the health
care provider or the health care
provider's insurance carrier
shall:
(1) cause to be filed
with the commissioner proof of
financial responsibility
established under IC 34-18-4;
and
(2) pay the surcharge
assessed on all health care
providers under IC 34-18-5.
As added by P.L.1-1998,
SEC.13.
IC 34-18-3-3
Qualification of officers,
agents, and employees of health
care providers
Sec. 3. The officers,
agents, and employees of a
health care provider, while
acting in the course and scope
of their employment, may be
qualified under this chapter if
the following conditions are
met:
(1) The officers,
agents, and employees are
individually named or are
members of a named class in the
proof of financial
responsibility filed by the
health care provider under
IC 34-18-4.
(2) The surcharge
assessed under IC 34-18-5 is
paid.
As added by P.L.1-1998,
SEC.13.
IC 34-18-3-4
Claims against governmental
entities and employees
Sec. 4. (a) As used in
this section, "employee of a
governmental entity" has the
meaning set forth in
IC 34-6-2-38.
(b) As used in this section,
"governmental entity" has the
meaning set forth in
IC 34-6-2-49.
(c) A claim against a
governmental entity or an
employee of a governmental
entity based on an occurrence of
malpractice is governed
exclusively by this article if
the governmental entity or
employee is qualified under this
article.
As added by P.L.1-1998,
SEC.13.
IC 34-18-3-5
Receipt of proof of financial
responsibility and surcharge;
timeliness of compliance;
penalties
Sec. 5. (a) Except as provided
in subsection (b), the receipt
of proof of financial
responsibility and the surcharge
constitutes compliance with
section 2 of this chapter:
(1) as of the date on
which they are received; or
(2) as of the effective
date of the policy;
if this proof is filed with and
the surcharge paid to the
department of insurance not
later than ninety (90) days
after the effective date of the
insurance policy.
(b) If an insurer files
proof of financial
responsibility and makes payment
of the surcharge to the
department of insurance at least
ninety-one (91) days but not
more than one hundred eighty
(180) days after the policy
effective date, the health care
provider is in compliance with
section 2 of this chapter if the
insurer demonstrates to the
satisfaction of the commissioner
that the insurer:
(1) received the premium
and surcharge in a timely
manner; and
(2) erred in
transmitting the surcharge in a
timely manner.
(c) If the commissioner
accepts a filing as timely under
subsection (b), the filing must,
in addition to any penalties
under IC 34-18-5-3, be
accompanied by a penalty amount
as follows:
(1) Ten percent (10%) of
the surcharge, if the proof of
financial responsibility and
surcharge are received by the
commissioner at least ninety-one
(91) days and not more than one
hundred twenty (120) days after
the original effective date of
the policy.
(2) Twenty percent (20%)
of the surcharge, if the proof
of financial responsibility and
surcharge are received by the
commissioner at least one
hundred twenty-one (121) days
and not more than one hundred
fifty (150) days after the
original effective date of the
policy.
(3) Fifty percent (50%)
of the surcharge, if the proof
of financial responsibility and
surcharge are received by the
commissioner at least one
hundred fifty-one (151) days and
not more than one hundred eighty
(180) days after the original
effective date of the policy.
As added by P.L.1-1998,
SEC.13. Amended by P.L.91-1998,
SEC.21; P.L.111-1998, SEC.5;
P.L.1-1999, SEC.69.
IC 34-18-3-6
Notification of qualification
Sec. 6. Within five (5)
business days after the
department of insurance receives
the information required under
section 2 of this chapter for
the qualification of a health
care provider, the commissioner
shall notify the health care
provider of the following:
(1) Whether the provider
is qualified.
(2) If the provider is
qualified, the date the provider
becomes qualified.
As added by P.L.1-1998,
SEC.13.
IC 34-18-3-7
Adoption of rules; minimum
annual aggregate insurance
amount
Sec. 7. (a) The commissioner
shall adopt rules under
IC 4-22-2 to establish the
following:
(1) Criteria for
determining, upon application,
whether a corporation, limited
liability company, partnership,
or professional corporation is
subject to IC 34-18-2-14(7) and
thus is eligible to qualify as a
health care provider under this
chapter.
(2) The minimum annual
aggregate insurance amount
necessary for the corporation,
limited liability company,
partnership, or professional
corporation to become qualified
under IC 34-18-2-14(7).
(b) The criteria to be
established by rule under
subsection (a)(1) must include
the identification of the health
care purpose and function of the
corporation, limited liability
company, partnership, or
professional corporation.
(c) The minimum annual
aggregate insurance amount to be
set by rule under subsection
(a)(2) may not exceed five
hundred thousand dollars
($500,000).
(d) The commissioner may
require a corporation, limited
liability company, partnership,
or professional corporation that
seeks to qualify under
IC 34-18-2-14(7) and this
chapter to provide information
necessary to determine
eligibility and to establish the
minimum annual aggregate amount
applicable to the corporation,
limited liability company,
partnership, or professional
corporation.
As
added by P.L.1-1998, SEC.13.
Note:
Anyone
who believes they may have a medical
malpractice claim should immediately consult
an attorney with experience in handling such
cases. As with many areas of the law,
medical malpractice law in Indiana is very
complex and contains numerous caveats and
peculiarities. One should not attempt to
interpret or apply the law to one's case
without the consultation of a medical
malpractice lawyer. Given that various
time limitations may apply, it is highly
advisable to consult such an attorney
without delay, in order to avoid having a
potential claim barred.
For more information, or for
a free attorney consultation with The
Powless Law Firm,
click here, or call toll-free:
(888)922-2889.
This page
was last updated on 8/8/05. It is
highly advisable to undertake an independent
review of the current statute to ensure that
no legislative changes have been adopted
since such time.
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