Rule 4731-15-03 | Malpractice reporting requirement.
(A) Any insurer providing professional liability insurance or any other entity that seeks to indemnify the professional liability of any person holding a valid license shall notify the board within thirty days after the final disposition of any written claim for damages where such disposition results in a payment which exceeds twenty-five thousand dollars.
(B) For purposes of the malpractice reporting statutes and this rule:
(1) The amount of payment shall mean the aggregate gross settlement, not including court costs or other litigation costs;
(2) The present value of future payments shall be utilized in calculating the aggregate gross settlement in cases of structured payments;
(3) In cases involving multiple defendants where payment exceeds twenty-five thousand dollars but no specific allocation is made in the disposition of the claim, a report shall be filed with the board for each of the defendants upon whose behalf the payment is made;
(4) Payments made solely for damages not arising from patient care need not be reported;
(5) The waiver of an outstanding debt is not construed as a payment.
(C) Each notification to the board shall include the following:
(1) The name and address of the person submitting the notification;
(2) The identity of the insurer or other indemnifying entity;
(3) The name and address of the insured who is the subject of the claim;
(4) The name of the person filing the written claim;
(5) The date of final disposition;
(6) The amount of payment;
(7) If applicable, the identity of the court in which the final disposition took place.
(D) An insurer that reports a medical malpractice payment to the national practitioner data bank may satisfy the reporting requirement of this rule by timely filing a copy of the national practitioner data bank medical malpractice report with the board.
(E) The reports received under the malpractice reporting statutes, and this rule may be investigated for possible violations of any law or rule of the board.
Last updated November 30, 2023 at 8:22 AM
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