Louisiana Revised Statutes 40:1231.9 – Reporting of claims
Terms Used In Louisiana Revised Statutes 40:1231.9
- Board: means the Patient's Compensation Fund Oversight Board created in Louisiana Revised Statutes 40:1231.1
- Court: means a court of competent jurisdiction and proper venue over the parties. See Louisiana Revised Statutes 40:1231.1
- Executive director: means the executive director of the board, appointed and employed pursuant to Louisiana Revised Statutes 40:1231.1
- Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement, or during or relating to or in connection with the procurement of human blood or blood components. See Louisiana Revised Statutes 40:1231.1
- Health care provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide health care or professional services as a physician, hospital, nursing home, community blood center, tissue bank, dentist, a licensed dietician or licensed nutritionist employed by, referred by, or performing work under contract for, a health care provider or other person already covered by this Part, registered or licensed practical nurse or certified nurse assistant, offshore health service provider, ambulance service under circumstances in which the provisions of Louisiana Revised Statutes 40:1231.1
- Insurer: means the authority or the entity chosen to manage the authority or an insurer writing policies of malpractice insurance. See Louisiana Revised Statutes 40:1231.1
- Malpractice: means any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient, including loading and unloading of a patient, and also includes all legal responsibility of a health care provider arising from acts or omissions during the procurement of blood or blood components, in the training or supervision of health care providers, or from defects in blood, tissue, transplants, drugs, and medicines, or from defects in or failures of prosthetic devices implanted in or used on or in the person of a patient. See Louisiana Revised Statutes 40:1231.1
- Patient: means a natural person, including a donor of human blood, a donor or prospective donor of an organ or tissue, or blood components and a nursing home resident who receives or should have received health care from a licensed health care provider, under contract, expressed or implied. See Louisiana Revised Statutes 40:1231.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
A. For the purpose of providing the various licensing boards of Louisiana health care providers, as defined by La. Rev. Stat. 40:1231.1(A), with information on malpractice claims paid by insurers or self insurers on behalf of health care providers in this state, each insurer of such health care provider, and each health care provider in Louisiana who is self insured shall, within thirty days of the date of payment, provide a written report to the licensing board of this state having licensing authority over the health care provider on whose behalf payment was made, and each such report shall contain:
(1) The name and address of the health care provider.
(2) A brief description of the acts of omission or commission which gave rise or allegedly gave rise to the claim, and the date thereof.
(3) The name of the patient and the injury which resulted or allegedly resulted therefrom.
(4) The amount paid in settlement or discharge of the claim, whether paid by compromise, by payment of judgment, by payment of arbitration award, or otherwise; and
(5) Where any judicial opinion has been rendered with regard to a claim, a copy of all such opinions shall be attached to the report.
Provided, however, no report shall be required for compromise settlements of claims where the amount paid is one thousand dollars or less, except where such payments were made in satisfaction or compromise of judgment of court or of award of arbitrators.
B. The provisions of this Section shall apply to all health care providers in Louisiana, whether or not such health care provider has qualified under the provisions of this Part.
C. There shall be no liability on the part of any insurer or person acting for said insurer, for any statements made in good faith in the reports required by this Section.
D.(1) The executive director of the Patient‘s Compensation Fund shall submit a report on an annual basis to the Senate and House committees on health and welfare no later than January thirty-first. The report shall contain every claim against an individual practitioner who has had five or more paid claims for the previous year paid by the Patient’s Compensation Fund and shall contain the following information:
(a) All paid claims for the previous year and the year immediately preceding that year, as well as the total number of pending claims filed against that individual practitioner.
(b) The name and address of the individual practitioner and a brief description of the acts of omission or commission which gave rise to the paid claims.
(2) For the purposes of this Subsection, “individual practitioner” means any individual person licensed or certified by this state to provide health care or professional services who is listed in La. Rev. Stat. 40:1231.1(A)(10).
Added by Acts 1976, No. 114, §1; Redesignated from La. Rev. Stat. 40:1299.48 by HCR 84 of 2015 R.S.; Acts 2015, No. 454, §1, eff. July 1, 2015.