IC 34-18-9
Chapter 9.
Reporting
and Review
of Claims
IC 34-18-9-1
Proposed
complaints;
notice to
named
defendants
Sec. 1.
Within ten
(10) days
after
receiving a
proposed
complaint
under
IC 34-18-8,
the
commissioner
shall
forward a
copy of the
complaint by
registered
or certified
mail to each
health care
provider
named as a
defendant,
at the
defendant's
last and
usual place
of residence
or the
defendant's
office.
As added
by
P.L.1-1998,
SEC.13.
IC 34-18-9-2
Medical
liability
insurers;
notice of
suit to
commissioner
Sec. 2. A
medical
liability
insurer of a
health care
provider
against whom
an action
has been
filed under
IC 34-18-8-6(a)
shall
provide
written
notice to
the
commissioner
within
thirty (30)
days after:
(1)
the filing
of the
action; and
(2)
the final
disposition
of the
action.
As added
by
P.L.1-1998,
SEC.13.
IC 34-18-9-3
Notice of
reserve by
medical
liabilty
insurer;
report of
final
adjudications
and
settlements
Sec. 3. (a)
A health
care
provider's
insurer
shall notify
the
commissioner
of any
malpractice
case upon
which the
insurer has
placed a
reserve of
at least one
hundred
twenty-five
thousand
dollars
($125,000).
The insurer
shall give
notice to
the
commissioner
under this
subsection
immediately
after
placing the
reserve. The
notice and
all
communications
and
correspondence
relating to
the notice
are
confidential
and may not
be made
available to
any person
or any
public or
private
agency.
(b) All
malpractice
claims
settled or
adjudicated
to final
judgment
against a
health care
provider
shall be
reported to
the
commissioner
by the
plaintiff's
attorney and
by the
health care
provider or
the health
care
provider's
insurer or
risk manager
within sixty
(60) days
following
final
disposition
of the
claim. The
report to
the
commissioner
must state
the
following:
(1)
The nature
of the
claim.
(2)
The damages
asserted and
the alleged
injury.
(3)
The
attorney's
fees and
expenses
incurred in
connection
with the
claim or
defense.
(4)
The amount
of the
settlement
or judgment.
As added
by
P.L.1-1998,
SEC.13.
Amended by
P.L.111-1998,
SEC.11.
IC 34-18-9-4
Fitness
reviews of
health care
providers
Sec. 4. (a)
The medical
review panel
(as
described in
IC 34-18-10)
shall make a
separate
determination,
at the time
that it
renders its
opinion
under
IC 34-18-10-22,
as to
whether the
name of the
defendant
health care
provider
should be
forwarded to
the
appropriate
board of
professional
registration
for review
of the
health care
provider's
fitness to
practice the
health care
provider's
profession.
The
commissioner
shall
forward the
name of the
defendant
health care
provider if
the medical
review panel
unanimously
determines
that it
should be
forwarded.
The medical
review panel
determination
concerning
the
forwarding
of the name
of the
defendant
health care
provider is
not
admissible
as evidence
in a civil
action. In
each case
involving
review of a
health care
provider's
fitness to
practice
forwarded
under this
section, the
appropriate
board of
professional
registration
and
examination
may, in
appropriate
cases, take
the
following
disciplinary
action:
(1)
censure;
(2)
imposition
of probation
for a
determinate
period;
(3)
suspension
of the
health care
provider's
license for
a
determinate
period; or
(4)
revocation
of the
license.
(b)
Review of
the health
care
provider's
fitness to
practice
shall be
conducted in
accordance
with
IC 4-21.5.
(c) The
appropriate
board of
professional
registration
and
examination
shall report
to the
commissioner
the board's
findings,
the action
taken, and
the final
disposition
of each case
involving
review of a
health care
provider's
fitness to
practice
forwarded
under this
section.
As added by
P.L.1-1998,
SEC.13.
Amended by
P.L.111-1998,
SEC.12.
