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§ 19-104. Malpractice insurance for health care providers

West's Annotated Code of MarylandInsuranceEffective: October 1, 2019

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 19. Property and Casualty Insurance
Subtitle 1. General Provisions (Refs & Annos)
Effective: October 1, 2019
MD Code, Insurance, § 19-104
§ 19-104. Malpractice insurance for health care providers
Currentness
In general
(a) Each policy that insures a health care provider against damages due to medical injury arising from providing or failing to provide health care shall contain provisions that:
(1) are consistent with the requirements of Title 3, Subtitle 2A of the Courts Article; and
(2) authorize the insurer, without restriction, to negotiate and effect a compromise of claims unless the settlement amount exceeds the limits of the insurer's liability.
Payments to or on behalf of claimants before final disposition of claim
(b)(1) An insurer may make payments to or on behalf of claimants for reasonable hospital and medical costs, loss of wages, and expenses for rehabilitation services and treatment, within the limits of the insurer's liability, before a final disposition of the claim.
(2) A payment made under this subsection:
(i) is not an admission of liability to or of damages sustained by a claimant; and
(ii) does not prejudice the insurer or any other party with respect to any right, claim, or defense.
Defense of health care providers in disciplinary hearings
(c)(1) A policy issued or delivered under subsection (a) of this section may include coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider profession if the cost of the included coverage is:
(i) itemized in the billing statement, invoice, or declarations page for the policy; and
(ii) reported to the Commissioner in a form and manner required by the Commissioner.
(2) A policy providing coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider's profession may be offered and priced separately from a policy issued or delivered under subsection (a) of this section.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2016, c. 209, § 1, eff. Oct. 1, 2016; Acts 2016, c. 210, § 1, eff. Oct. 1, 2016; Acts 2019, c. 106, § 1, eff. Oct. 1, 2019.
Formerly Art. 48A, § 482A.
MD Code, Insurance, § 19-104, MD INSURANCE § 19-104
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document