La. Admin. Code tit. 37 § III-1501

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1501 - Claims Defense

A. Through its executive director, the board shall be responsible for the administration and processing of claims against and legal defense of claims against the fund. The executive director shall be responsible, and accountable to the board, for coordination and management of defense of the fund against claims to the extent of the responsibilities imposed on the board by the Act . Without limitation on the scope of such responsibility, the executive director shall be responsible for:

1. evaluating all malpractice claims made under the Act against enrolled health care providers to the potential liability of the fund;

2. recommending, fixing, establishing, and periodically modifying, as required, appropriate reserves against claims made against enrolled health care providers or the fund, subject to the approval of the board;

3. retaining, subject to qualifications and standards prescribed by the board, and supervising the services of attorneys at law to defend the fund against claims;

4. review and approval of fee and costs statements for services rendered by attorneys at law retained to defend the fund, ensuring that such statements accurately reflect services reasonably necessary or appropriate to the defense of the fund;

5. supervision and coordination of the defense of claims against or involving the fund by attorneys retained and representing enrolled health care providers;

6. negotiating and recommending reasonable and appropriate compromises and settlements of the fund's liability respecting any claim against the fund;

7. maintenance of current, accurate, and complete records and data on all pending and concluded claims against or involving the fund;

8. retaining an appropriately qualified claims manager or principal assistant and delegating to such claims manager those duties and responsibilities as deemed appropriate by the executive director; and

9. the discharge and performance of such other duties, responsibilities, functions, and activities as are delegated by the board.

B. All authority for the defense of the fund vested in the board by the Act is hereby delegated to the executive director. In the exercise of such authority, the executive director shall be accountable to, and subject to the superseding authority of, the board.

La. Admin. Code tit. 37, § III-1501

Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 18:179 (February 1992), amended LR 29:348 (March 2003), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2544 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).