Key: (1) language to be deleted (2) new language
CHAPTER 44-H.F.No. 226
An act relating to occupations and professions;
requiring reporting of certain insurance settlements
to board of medical practice; amending Minnesota
Statutes 1994, sections 147.111, subdivision 5; and
147.161, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 147.111,
subdivision 5, is amended to read:
Subd. 5. [INSURERS AND OTHER ENTITIES.] (a) Four times
each year as prescribed by the board, each insurer authorized to
sell insurance described in section 60A.06, subdivision 1,
clause (13), and providing professional liability insurance
to physicians, and any medical clinic, hospital, political
subdivision or other entity that self-insures and provides
professional liability coverage to physicians persons regulated
by the board, shall submit to the board a report concerning
the physicians regulated persons against whom medical
professional malpractice settlements or awards have been made to
the plaintiff.
(b) A medical clinic, hospital, political subdivision, or
other entity which provides professional liability coverage on
behalf of persons regulated by the board shall submit to the
board a report concerning malpractice settlements or awards paid
on behalf of regulated persons, and any settlements or awards
paid by a clinic, hospital, political subdivision, or other
entity on its own behalf because of care rendered by regulated
persons. This requirement excludes forgiveness of bills. The
report shall be made to the board within 30 days of payment of
all or part of any settlement or award.
(c) The report reports in paragraphs (a) and (b) must
contain at least the following information:
(1) the total number of medical malpractice settlements or
awards made to the plaintiff;
(2) the date the medical malpractice settlements or awards
to the plaintiff were made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made to the plaintiff;
(4) the dollar amount of each medical malpractice
settlement or award;
(5) the regular address of the practice or business of the
physician regulated person or entity against whom an award was
made or with whom a settlement was made; and
(6) the name of the physician regulated person or entity
against whom an award was made or with whom a settlement was
made.
The insurance company reporting entity shall, in addition
to the above information, report to the board any information it
possesses which tends to substantiate a charge that a
physician regulated person may have engaged in conduct violating
sections 147.01 to 147.22 a statute or rule of the board.
Sec. 2. Minnesota Statutes 1994, section 147.161,
subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION.] The board shall maintain
and keep current a file containing the reports and complaints
filed against physicians persons regulated by the board in the
state. Each complaint filed with the board pursuant to section
214.10, subdivision 1, shall be investigated according to
section 214.10, subdivision 2.
Whenever the files maintained by the board show that a
medical professional malpractice settlement or award to the
plaintiff has been made against a physician person regulated by
the board as reported by insurers pursuant to section 147.111,
the executive director of the board shall notify the board and
the board may authorize a review of the physician's regulated
person's practice.
Presented to the governor April 17, 1995
Signed by the governor April 19, 1995, 2:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes