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 this
article is not covered by this article and is subject to liability under
the law without regard to this article. If a health care provider does
not 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 carrier
shall:
(1) cause to be filed with the commissioner proof of financial
responsibility established under IC 34-18-4; and
(2) pay the surcharge assessed on all health care providers
under 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 care
providers
Sec. 3. The officers, agents, and employees of a health care
provider, while acting in the course and scope of their employment,
may be qualified under this chapter if the following conditions are
met:
(1) The officers, agents, and employees are individually named
or are members of a named class in the proof of financial
responsibility filed by the health care provider under
IC 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 governmental
entity" has the meaning set forth in IC 34-6-2-38.
(b) As used in this section, "governmental entity" has the meaning
set forth in IC 34-6-2-49.
(c) A claim against a governmental entity or an employee of a
governmental entity based on an occurrence of malpractice is
governed exclusively by this article if the governmental entity or
employee 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 of
proof of financial responsibility and the surcharge constitutes
compliance 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 of
insurance not later than ninety (90) days after the effective date of
the insurance policy.
(b) If an insurer files proof of financial responsibility and makes
payment of the surcharge to the department of insurance at least
ninety-one (91) days but not more than one hundred eighty (180)
days after the policy effective date, the health care provider is in
compliance with section 2 of this chapter if the insurer demonstrates
to 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 financial
responsibility and surcharge are received by the commissioner
at least ninety-one (91) days and not more than one hundred
twenty (120) days after the original effective date of the policy.
(2) Twenty percent (20%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred twenty-one (121) days and
not more than one hundred fifty (150) days after the original
effective date of the policy.
(3) Fifty percent (50%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred fifty-one (151) days and not
more than one hundred eighty (180) days after the original
effective 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 of
insurance receives the information required under section 2 of this
chapter for the qualification of a health care provider, the
commissioner 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 becomes
qualified. 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 to
establish the following:
(1) Criteria for determining, upon application, whether a
corporation, limited liability company, partnership, or
professional corporation is subject to IC 34-18-2-14(7) and thus
is eligible to qualify as a health care provider under this chapter.
(2) The minimum annual aggregate insurance amount necessary
for the corporation, limited liability company, partnership, or
professional corporation to become qualified under
IC 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 and
function of the corporation, limited liability company, partnership,
or professional corporation.
(c) The minimum annual aggregate insurance amount to be set by
rule under subsection (a)(2) may not exceed five hundred thousand
dollars ($500,000).
(d) The commissioner may require a corporation, limited liability
company, partnership, or professional corporation that seeks to
qualify under IC 34-18-2-14(7) and this chapter to provide
information necessary to determine eligibility and to establish the
minimum annual aggregate amount applicable to the corporation,
limited liability company, partnership, or professional corporation. As added by P.L.1-1998, SEC.13.
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 this
article is not covered by this article and is subject to liability under
the law without regard to this article. If a health care provider does
not 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 carrier
shall:
(1) cause to be filed with the commissioner proof of financial
responsibility established under IC 34-18-4; and
(2) pay the surcharge assessed on all health care providers
under 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 care
providers
Sec. 3. The officers, agents, and employees of a health care
provider, while acting in the course and scope of their employment,
may be qualified under this chapter if the following conditions are
met:
(1) The officers, agents, and employees are individually named
or are members of a named class in the proof of financial
responsibility filed by the health care provider under
IC 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 governmental
entity" has the meaning set forth in IC 34-6-2-38.
(b) As used in this section, "governmental entity" has the meaning
set forth in IC 34-6-2-49.
(c) A claim against a governmental entity or an employee of a
governmental entity based on an occurrence of malpractice is
governed exclusively by this article if the governmental entity or
employee 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 of
proof of financial responsibility and the surcharge constitutes
compliance 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 of
insurance not later than ninety (90) days after the effective date of
the insurance policy.
(b) If an insurer files proof of financial responsibility and makes
payment of the surcharge to the department of insurance at least
ninety-one (91) days but not more than one hundred eighty (180)
days after the policy effective date, the health care provider is in
compliance with section 2 of this chapter if the insurer demonstrates
to 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 financial
responsibility and surcharge are received by the commissioner
at least ninety-one (91) days and not more than one hundred
twenty (120) days after the original effective date of the policy.
(2) Twenty percent (20%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred twenty-one (121) days and
not more than one hundred fifty (150) days after the original
effective date of the policy.
(3) Fifty percent (50%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred fifty-one (151) days and not
more than one hundred eighty (180) days after the original
effective 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 of
insurance receives the information required under section 2 of this
chapter for the qualification of a health care provider, the
commissioner 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 becomes
qualified. 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 to
establish the following:
(1) Criteria for determining, upon application, whether a
corporation, limited liability company, partnership, or
professional corporation is subject to IC 34-18-2-14(7) and thus
is eligible to qualify as a health care provider under this chapter.
(2) The minimum annual aggregate insurance amount necessary
for the corporation, limited liability company, partnership, or
professional corporation to become qualified under
IC 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 and
function of the corporation, limited liability company, partnership,
or professional corporation.
(c) The minimum annual aggregate insurance amount to be set by
rule under subsection (a)(2) may not exceed five hundred thousand
dollars ($500,000).
(d) The commissioner may require a corporation, limited liability
company, partnership, or professional corporation that seeks to
qualify under IC 34-18-2-14(7) and this chapter to provide
information necessary to determine eligibility and to establish the
minimum annual aggregate amount applicable to the corporation,
limited liability company, partnership, or professional corporation. As added by P.L.1-1998, SEC.13.
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 this
article is not covered by this article and is subject to liability under
the law without regard to this article. If a health care provider does
not 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 carrier
shall:
(1) cause to be filed with the commissioner proof of financial
responsibility established under IC 34-18-4; and
(2) pay the surcharge assessed on all health care providers
under 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 care
providers
Sec. 3. The officers, agents, and employees of a health care
provider, while acting in the course and scope of their employment,
may be qualified under this chapter if the following conditions are
met:
(1) The officers, agents, and employees are individually named
or are members of a named class in the proof of financial
responsibility filed by the health care provider under
IC 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 governmental
entity" has the meaning set forth in IC 34-6-2-38.
(b) As used in this section, "governmental entity" has the meaning
set forth in IC 34-6-2-49.
(c) A claim against a governmental entity or an employee of a
governmental entity based on an occurrence of malpractice is
governed exclusively by this article if the governmental entity or
employee 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 of
proof of financial responsibility and the surcharge constitutes
compliance 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 of
insurance not later than ninety (90) days after the effective date of
the insurance policy.
(b) If an insurer files proof of financial responsibility and makes
payment of the surcharge to the department of insurance at least
ninety-one (91) days but not more than one hundred eighty (180)
days after the policy effective date, the health care provider is in
compliance with section 2 of this chapter if the insurer demonstrates
to 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 financial
responsibility and surcharge are received by the commissioner
at least ninety-one (91) days and not more than one hundred
twenty (120) days after the original effective date of the policy.
(2) Twenty percent (20%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred twenty-one (121) days and
not more than one hundred fifty (150) days after the original
effective date of the policy.
(3) Fifty percent (50%) of the surcharge, if the proof of
financial responsibility and surcharge are received by the
commissioner at least one hundred fifty-one (151) days and not
more than one hundred eighty (180) days after the original
effective 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 of
insurance receives the information required under section 2 of this
chapter for the qualification of a health care provider, the
commissioner 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 becomes
qualified. 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 to
establish the following:
(1) Criteria for determining, upon application, whether a
corporation, limited liability company, partnership, or
professional corporation is subject to IC 34-18-2-14(7) and thus
is eligible to qualify as a health care provider under this chapter.
(2) The minimum annual aggregate insurance amount necessary
for the corporation, limited liability company, partnership, or
professional corporation to become qualified under
IC 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 and
function of the corporation, limited liability company, partnership,
or professional corporation.
(c) The minimum annual aggregate insurance amount to be set by
rule under subsection (a)(2) may not exceed five hundred thousand
dollars ($500,000).
(d) The commissioner may require a corporation, limited liability
company, partnership, or professional corporation that seeks to
qualify under IC 34-18-2-14(7) and this chapter to provide
information necessary to determine eligibility and to establish the
minimum annual aggregate amount applicable to the corporation,
limited liability company, partnership, or professional corporation. As added by P.L.1-1998, SEC.13.
