IC 34-18-15
    Chapter 15. Payment From the Patient's Compensation Fund

IC 34-18-15-1
Discharge of obligations
    Sec. 1. (a) The obligation to pay an amount from the patient'scompensation fund under IC 34-18-14-3(c), IC 34-18-6-6, or section3 of this chapter (or IC 27-12-14-3(c), IC 27-12-6-6, or IC 27-12-15-3before their repeal) may be discharged as follows:
        (1) Payment in one (1) lump amount.
        (2) An agreement requiring periodic payments from the fundover a period of years.
        (3) The purchase of an annuity payable to the patient.
        (4) Any combination of subdivisions (1), (2), and (3).
    (b) The commissioner may contract with approved insurers toinsure the ability of the fund to make periodic payments undersubsection (a)(2).
As added by P.L.1-1998, SEC.13.

IC 34-18-15-2
Periodic payments; combined payments
    Sec. 2. Notwithstanding IC 34-18-6, the commissioner may:
        (1) discharge the possible liability of the patient's compensationfund to a patient through a periodic payments agreement (asdefined in IC 34-18-14-2); and
        (2) combine money from the fund with money of the health careprovider (or its insurer) to pay the cost of the periodic paymentsagreement with the patient (or the patient's estate). However,the amount provided by the commissioner may not exceedeighty percent (80%) of the total amount expended for theagreement.
As added by P.L.1-1998, SEC.13.

IC 34-18-15-3
Demand in excess of policy limits; procedure
    Sec. 3. If a health care provider or its insurer has agreed to settleits liability on a claim by payment of its policy limits of two hundredfifty thousand dollars ($250,000), and the claimant is demanding anamount in excess of that amount, the following procedure must befollowed:
        (1) A petition shall be filed by the claimant in the court namedin the proposed complaint, or in the circuit or superior court ofMarion County, at the claimant's election, seeking:
            (A) approval of an agreed settlement, if any; or
            (B) demanding payment of damages from the patient'scompensation fund.
        (2) A copy of the petition with summons shall be served on thecommissioner, the health care provider, and the health careprovider's insurer, and must contain sufficient information toinform the other parties about the nature of the claim and the

additional amount demanded.
        (3) The commissioner and either the health care provider or theinsurer of the health care provider may agree to a settlementwith the claimant from the patient's compensation fund, or thecommissioner, the health care provider, or the insurer of thehealth care provider may file written objections to the paymentof the amount demanded. The agreement or objections to thepayment demanded shall be filed within twenty (20) days afterservice of summons with copy of the petition attached to thesummons.
        (4) The judge of the court in which the petition is filed shall setthe petition for approval or, if objections have been filed, forhearing, as soon as practicable. The court shall give notice ofthe hearing to the claimant, the health care provider, the insurerof the health care provider, and the commissioner.
        (5) At the hearing, the commissioner, the claimant, the healthcare provider, and the insurer of the health care provider mayintroduce relevant evidence to enable the court to determinewhether or not the petition should be approved if the evidenceis submitted on agreement without objections. If thecommissioner, the health care provider, the insurer of the healthcare provider, and the claimant cannot agree on the amount, ifany, to be paid out of the patient's compensation fund, the courtshall, after hearing any relevant evidence on the issue ofclaimant's damage submitted by any of the parties described inthis section, determine the amount of claimant's damages, ifany, in excess of the two hundred fifty thousand dollars($250,000) already paid by the insurer of the health careprovider. The court shall determine the amount for which thefund is liable and make a finding and judgment accordingly. Inapproving a settlement or determining the amount, if any, to bepaid from the patient's compensation fund, the court shallconsider the liability of the health care provider as admitted andestablished.
        (6) A settlement approved by the court may not be appealed. Ajudgment of the court fixing damages recoverable in a contestedproceeding is appealable pursuant to the rules governingappeals in any other civil case tried by the court.
        (7) A release executed between the parties does not bar accessto the patient's compensation fund unless the releasespecifically provides otherwise.
As added by P.L.1-1998, SEC.13. Amended by P.L.233-1999,SEC.15.

IC 34-18-15-4
Failure to pay settlement or judgment
    Sec. 4. If a health care provider or the health care provider's suretyor liability insurance carrier fails to pay any agreed settlement orfinal judgment within ninety (90) days, the agreed settlement or finaljudgment shall be paid from the patient's compensation fund, and the

fund shall be subrogated to any and all of claimant's rights againstthe health care provider, the health care provider's surety or liabilityinsurance carrier, or both, with interest, reasonable costs, andattorney's fees.
As added by P.L.1-1998, SEC.13.