as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to occupations and professions; requiring 1.3 reporting of certain insurance settlements to board of 1.4 medical practice; amending Minnesota Statutes 1994, 1.5 sections 147.111, subdivision 5; and 147.161, 1.6 subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1994, section 147.111, 1.9 subdivision 5, is amended to read: 1.10 Subd. 5. [INSURERS AND OTHER ENTITIES.] (a) Four times 1.11 each year as prescribed by the board, each insurer authorized to 1.12 sell insurance described in section 60A.06, subdivision 1, 1.13 clause (13), and providing professional liability insurance 1.14 to
physicians, and any medical clinic, hospital, political1.15 subdivision or other entity that self-insures and provides1.16 professional liability coverage to physicianspersons regulated 1.17 by the board, shall submit to the board a report concerning 1.18 the physiciansregulated persons against whom medical1.19 professional malpractice settlements or awards have been made to 1.20 the plaintiff. 1.21 (b) A medical clinic, hospital, political subdivision, or 1.22 other entity which provides professional liability coverage on 1.23 behalf of persons regulated by the board shall submit to the 1.24 board a report concerning malpractice settlements or awards paid 1.25 on behalf of regulated persons, and any settlements or awards 1.26 paid by a clinic, hospital, political subdivision, or other 2.1 entity on its own behalf because of care rendered by regulated 2.2 persons. This requirement excludes forgiveness of bills. The 2.3 report shall be made to the board within 30 days of any 2.4 settlement. 2.5 (c) The reportreports in paragraphs (a) and (b) must 2.6 contain at least the following information: 2.7 (1) the total number of medical malpracticesettlements or 2.8 awards made to the plaintiff; 2.9 (2) the date the medical malpracticesettlements or awards 2.10 to the plaintiff were made; 2.11 (3) the allegations contained in the claim or complaint 2.12 leading to the settlements or awards made to the plaintiff; 2.13 (4) the dollar amount of each medical malpractice2.14 settlement or award; 2.15 (5) the regular address of the practice or business of the 2.16 physician, regulated person, or entity against whom an award was 2.17 made or with whom a settlement was made; and 2.18 (6) the name of the physician, regulated person, or entity 2.19 against whom an award was made or with whom a settlement was 2.20 made. 2.21 The insurance companyreporting entity shall, in addition 2.22 to the above information, report to the board any information it 2.23 possesses which tends to substantiate a charge that a 2.24 physician or regulated person may have engaged in conduct 2.25 violating sections 147.01 to 147.22a statute or rule of the 2.26 board. 2.27 Sec. 2. Minnesota Statutes 1994, section 147.161, 2.28 subdivision 1, is amended to read: 2.29 Subdivision 1. [INVESTIGATION.] The board shall maintain 2.30 and keep current a file containing the reports and complaints 2.31 filed against physicianspersons regulated by the board in the 2.32 state. Each complaint filed with the board pursuant to section 2.33 214.10, subdivision 1, shall be investigated according to 2.34 section 214.10, subdivision 2. 2.35 Whenever the files maintained by the board show that a 2.36 medicalprofessional malpractice settlement or award to the 3.1 plaintiff has been made against a physicianperson regulated by 3.2 the board as reported by insurers pursuant to section 147.111, 3.3 the executive director of the board shall notify the board and 3.4 the board may authorize a review of the physician'sregulated 3.5 person's practice.