Protection of fund; legal services; expenses
Sec. 2. (a) The commissioner, using money from the fund, as
considered necessary, appropriate, or desirable, may purchase or
retain the services of persons, firms, and corporations to aid in
protecting the fund against claims. The commissioner shall retain the
services of counsel described in subsection (b) to represent the
department when a trial court determination will be necessary to
resolve a claim against the patient's compensation fund.
(b) When retaining legal services under subsection (a), the
commissioner shall retain competent and experienced legal counsel
licensed to practice law in Indiana to assist in litigation or other
matters pertaining to the fund.
(c) The commissioner has sole authority for the following:
(1) Making a decision regarding the settlement of a claim
against the patient compensation fund.
(2) Determining the reasonableness of any fee submitted to the
department of insurance by an attorney who defends the patient
compensation fund under this section.
(d) All expenses of collecting, protecting, and administering the
fund shall be paid from the fund.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.8.
Last modified: May 24, 2006