Discharge of possible liability; periodic payments agreement
Sec. 4. (a) If the possible liability of the health care provider to
the patient is discharged solely through an immediate payment, the
limitations on recovery from a health care provider stated in section
3(b) and 3(d) of this chapter apply without adjustment.
(b) If the health care provider agrees to discharge its possible
liability to the patient through a periodic payments agreement, the
amount of the patient's recovery from a health care provider in a case
under this subsection is the amount of any immediate payment made
by the health care provider or the health care provider's insurer to the
patient, plus the cost of the periodic payments agreement to the
health care provider or the health care provider's insurer. For the
purpose of determining the limitations on recovery stated in section
3(b) and 3(d) of this chapter and for the purpose of determining the
question under IC 34-18-15-3 of whether the health care provider or
the health care provider's insurer has agreed to settle its liability by
payment of its policy limits, the sum of:
(1) the present payment of money to the patient (or the patient's
estate) by the health care provider (or the health care provider's
insurer); plus
(2) the cost of the periodic payments agreement expended by
the health care provider (or the health care provider's insurer);
must exceed one hundred eighty-seven thousand dollars ($187,000).
(c) More than one (1) health care provider may contribute to the
cost of a periodic payments agreement, and in such an instance the
sum of the amounts expended by each health care provider for
immediate payments and for the cost of the periodic payments
agreement shall be used to determine whether the one hundred
eighty-seven thousand dollar ($187,000) requirement in subsection
(b) has been satisfied. However, one (1) health care provider or its
insurer must be liable for at least fifty thousand dollars ($50,000).
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.15.
Last modified: May 24, 2006