CHAPTER 9. REPORTING AND REVIEW OF CLAIMS

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 complaintunder IC 34-18-8, the commissioner shall forward a copy of thecomplaint by registered or certified mail to each health care providernamed as a defendant, at the defendant's last and usual place ofresidence 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 againstwhom an action has been filed under IC 34-18-8-6(a) shall providewritten 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 finaladjudications and settlements
    Sec. 3. (a) A health care provider's insurer shall notify thecommissioner of any malpractice case upon which the insurer hasplaced a reserve of at least one hundred twenty-five thousand dollars($125,000). The insurer shall give notice to the commissioner underthis subsection immediately after placing the reserve. The notice andall communications and correspondence relating to the notice areconfidential and may not be made available to any person or anypublic or private agency.
    (b) All malpractice claims settled or adjudicated to final judgmentagainst a health care provider shall be reported to the commissionerby the plaintiff's attorney and by the health care provider or thehealth care provider's insurer or risk manager within sixty (60) daysfollowing final disposition of the claim. The report to thecommissioner 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 connectionwith 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 thedefendant health care provider should be forwarded to theappropriate board of professional registration for review of the healthcare provider's fitness to practice the health care provider'sprofession. The commissioner shall forward the name of thedefendant health care provider if the medical review panelunanimously determines that it should be forwarded. The medicalreview panel determination concerning the forwarding of the nameof the defendant health care provider is not admissible as evidencein a civil action. In each case involving review of a health careprovider's fitness to practice forwarded under this section, theappropriate 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 adeterminate period; or
        (4) revocation of the license.
    (b) Review of the health care provider's fitness to practice shall beconducted in accordance with IC 4-21.5.
    (c) The appropriate board of professional registration andexamination shall report to the commissioner the board's findings,the action taken, and the final disposition of each case involvingreview of a health care provider's fitness to practice forwarded underthis section.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,SEC.12.