Ohio Admin. Code 4731-15-03 - Malpractice reporting requirement
(A) Any insurer providing professional
liability insurance or any other entity that seeks to indemnify the
professional liability of any person holding a valid license
certificate issued
pursuant to Chapter 4730., 4731., 4760., 4762., or 4774. of the Revised
Code shall notify the board within thirty days after the final
disposition of any written claim for damages where such disposition results in
a payment which exceeds twenty-five thousand dollars.
(B) For purposes of the malpractice reporting statutes
division (D) of section 4730.32 of the Revised Code,
division (D) of section 4731.224 of the Revised Code, division (D) of section
4760.16 of the Revised Code, division (D) of section 4762.16 of the Revised
Code, division (D) of section 4774.16 of the Revised Code, and this
rule:
(1) The amount of payment shall mean the
aggregate gross settlement, not including court costs or other litigation
costs;
(2) The present value of
future payments shall be utilized in calculating the aggregate gross settlement
in cases of structured payments;
(3) In cases involving multiple defendants
where payment exceeds twenty-five thousand dollars but no specific allocation
is made in the disposition of the claim, a report shall be filed with the board
for each of the defendants upon whose behalf the payment is made;
(4) Payments made solely for damages not
arising from patient care need not be reported;
(5) The waiver of an outstanding debt is not
construed as a payment.
(C) Each notification to the board shall
include the following:
(1) The name and
address of the person submitting the notification;
(2) The identity of the insurer or other
indemnifying entity;
(3) The name
and address of the insured who is the subject of the claim;
(4) The name of the person filing the written
claim;
(5) The date of final
disposition;
(6) The amount of
payment;
(7) If applicable, the
identity of the court in which the final disposition took place.
(D) An insurer that reports a
medical malpractice payment to the national practitioner data bank may satisfy
the reporting requirement of this rule by timely filing a copy of the national
practitioner data bank medical malpractice report with the board.
(E) The reports received under
the malpractice reporting statutes
division (D) of section 4730.32 of the Revised Code,
division (D) of section 4731.224 of the Revised Code, division (D) of section
4760.16 of the Revised Code, division (D) of section 4762.16 of the Revised
Code, division (D) of section 4774.16 of the Revised Code, and this
rule may be
shall be
listed for periodic review by the secretary and supervising member at least
once every three months. The review shall determine the need to
investigated for possible violations of
any law
Chapter 4730.,
4731., 4760., 4762., or 4774. of the Revised Code or
any rule of the board.
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4760.19, 4762.19, 4774.11
Rule Amplifies: 4730.32, 4731.224, 4760.16, 4762.16, 4774.16
Prior Effective Dates: 09/01/1991, 02/28/2004, 03/31/2010
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