La. Admin. Code tit. 37 § III-105
Current through Register Vol. 50, No. 11, November 20, 2024
Section III-105 - Patients' Compensation Fund: DescriptionA. The Patient's Compensation Fund is a special fund established by R.S. 40:1299.44, funded by surcharges paid by private health care providers enrolled with the fund, to provide just compensation to patients suffering loss, damages, or expense as the result of professional malpractice in the provision of health care by health care providers enrolled with the fund, as provided by and subject to the limitations of R.S. 40:1299.42. Such fund, therefore, comprises monies held in trust as a custodial fund by the board for the use, benefit, and protection of medical malpractice claimants and the fund's private health care provider members. Responsibility and authority for administration and operation of the fund including, but not limited to, the evaluating, establishing reserves against, defending, and settling claims against the fund, establishing surcharge rates or rate changes on the basis of annual actuarial studies, and administering medical review panel proceedings under R.S. 40:1299.47, is vested in the board.La. Admin. Code tit. 37, § III-105
Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 18:167 (February 1992), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2534 (October 2012).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).