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§ 1303.714. Medical professional liability claims

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: March 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 7. Insurance
Subchapter B. Fund
Effective: March 20, 2002
40 P.S. § 1303.714
§ 1303.714. Medical professional liability claims
(a) Notification.--A basic coverage insurer or self-insured participating health care provider shall promptly notify the department in writing of any medical professional liability claim.
(b) Failure to notify.--If a basic coverage insurer or self-insured participating health care provider fails to notify the department as required under subsection (a) and the department has been prejudiced by the failure of notice, the insurer or provider shall be solely responsible for the payment of the entire award or verdict that results from the medical professional liability claim.
(c) Defense.--A basic coverage insurer or self-insured participating health care provider shall provide a defense to a medical professional liability claim, including a defense of any potential liability of the fund, except as provided for in section 715.1 The department may join in the defense and be represented by counsel.
(d) Responsibilities.--In accordance with section 713, the department may defend, litigate, settle or compromise any medical professional liability claim payable by the fund.
(e) Releases.--In the event that a basic coverage insurer or self-insured participating health care provider enters into a settlement with a claimant to the full extent of its liability as provided in this chapter, it may obtain a release from the claimant to the extent of its payment, which payment shall have no effect upon any claim against the fund or its duty to continue the defense of the claim.
(f) Adjustment.--The department may adjust claims.
(g) Mediation.--Upon the request of a party to a medical professional liability claim within the fund coverage limits, the department may provide for a mediator in instances where multiple carriers disagree on the disposition or settlement of a case. Upon the consent of all parties, the mediation shall be binding. Proceedings conducted and information provided in accordance with this section shall be confidential and shall not be considered public information subject to disclosure under the act of June 21, 1957 (P.L. 390, No. 212),2 referred to as the Right-to-Know Law, or 65 Pa.C.S. Ch. 73 (relating to open meetings).
(h) Delay damages and postjudgment interest.--Delay damages and postjudgment interest applicable to the fund's liability on a medical professional liability claim shall be paid by the fund and shall not be charged against the participating health care provider's annual aggregate limits. The basic coverage insurer or self-insured participating health care provider shall be responsible for its proportionate share of delay damages and postjudgment interest.

Credits

2002, March 20, P.L. 154, No. 13, § 714, imd. effective.
REPEAL IN PART
<This section is repealed insofar as it relates to health care providers that conduct less than 50% of their health care business or practice within this Commonwealth, pursuant to 2003, Dec. 23, P.L. 237, No. 44, § 4(a), effective Jan. 1, 2004.>
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1975, Oct. 15, P.L. 390, No. 111, § 702 (40 P.S. § 1301.702).
1976, July 15, P.L. 1028, No. 207, § 7.
1980, Oct. 15, P.L. 971, No. 165, § 4.
1996, Nov. 26, P.L. 776, No. 135, § 4.

Footnotes

40 P.S. § 1303.715.
65 P.S. § 66.1 et seq. (repealed); see 65 P.S. § 67.101 et seq.
65 Pa.C.S.A. § 701.
40 P.S. § 1303.714, PA ST 40 P.S. § 1303.714
Current through 2017 Regular Session Act 32
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