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 thisarticle is not covered by this article and is subject to liability underthe law without regard to this article. If a health care provider doesnot 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 carriershall:
        (1) cause to be filed with the commissioner proof of financialresponsibility established under IC 34-18-4; and
        (2) pay the surcharge assessed on all health care providersunder 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 careproviders
    Sec. 3. The officers, agents, and employees of a health careprovider, while acting in the course and scope of their employment,may be qualified under this chapter if the following conditions aremet:
        (1) The officers, agents, and employees are individually namedor are members of a named class in the proof of financialresponsibility filed by the health care provider underIC 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 governmentalentity" has the meaning set forth in IC 34-6-2-38.
    (b) As used in this section, "governmental entity" has the meaningset forth in IC 34-6-2-49.
    (c) A claim against a governmental entity or an employee of agovernmental entity based on an occurrence of malpractice isgoverned exclusively by this article if the governmental entity oremployee 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 ofproof of financial responsibility and the surcharge constitutescompliance 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 ofinsurance not later than ninety (90) days after the effective date ofthe insurance policy.
    (b) If an insurer files proof of financial responsibility and makespayment of the surcharge to the department of insurance at leastninety-one (91) days but not more than one hundred eighty (180)days after the policy effective date, the health care provider is incompliance with section 2 of this chapter if the insurer demonstratesto 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 financialresponsibility and surcharge are received by the commissionerat least ninety-one (91) days and not more than one hundredtwenty (120) days after the original effective date of the policy.
        (2) Twenty percent (20%) of the surcharge, if the proof offinancial responsibility and surcharge are received by thecommissioner at least one hundred twenty-one (121) days andnot more than one hundred fifty (150) days after the originaleffective date of the policy.
        (3) Fifty percent (50%) of the surcharge, if the proof offinancial responsibility and surcharge are received by thecommissioner at least one hundred fifty-one (151) days and notmore than one hundred eighty (180) days after the originaleffective 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 ofinsurance receives the information required under section 2 of thischapter for the qualification of a health care provider, thecommissioner 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 becomesqualified.
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 toestablish the following:
        (1) Criteria for determining, upon application, whether acorporation, limited liability company, partnership, orprofessional corporation is subject to IC 34-18-2-14(7) and thusis eligible to qualify as a health care provider under this chapter.
        (2) The minimum annual aggregate insurance amount necessaryfor the corporation, limited liability company, partnership, orprofessional corporation to become qualified underIC 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 andfunction of the corporation, limited liability company, partnership,or professional corporation.
    (c) The minimum annual aggregate insurance amount to be set byrule under subsection (a)(2) may not exceed five hundred thousanddollars ($500,000).
    (d) The commissioner may require a corporation, limited liabilitycompany, partnership, or professional corporation that seeks toqualify under IC 34-18-2-14(7) and this chapter to provideinformation necessary to determine eligibility and to establish theminimum annual aggregate amount applicable to the corporation,limited liability company, partnership, or professional corporation.
As added by P.L.1-1998, SEC.13.