Processing of claims; conditions of payment; settlement
Sec. 6. (a) If an annual aggregate for a health care provider
qualified under this article has been paid by or on behalf of the health
care provider, all amounts that may subsequently become due and
payable to a claimant arising out of an act of malpractice of the
health care provider occurring during the year in which the annual
aggregate was exhausted shall be paid from the patient's
compensation fund under the following terms and conditions:
(1) A health care provider whose annual aggregate has been
exhausted has no right to object to or refuse permission to settle
such a claim.
(2) If a health care provider or the commissioner and claimant
agree on a settlement, the following procedure must be
followed:
(A) A petition shall be filed by the claimant with the court in
which the action is pending against the health care provider
or, if none is pending, in the circuit or superior court of
Marion County, seeking approval of the agreed settlement.
(B) A copy of the petition shall be served on the
commissioner and the health care provider at least ten (10)
days before filing and must contain sufficient information to
inform the other parties about the nature of the claim and the
amount of the proposed settlement.
(C) The commissioner may agree to the settlement, or the
commissioner may file written objections to the settlement.
The agreement or objections shall be filed within twenty
(20) days after the petition is filed.
(D) The judge of the court in which the petition is filed shall
set the petition for approval or, if objections have been filed,
for hearing, as soon as practicable. The court shall give
notice of the hearing to the claimant, the health care
provider, and the commissioner.
(E) At the hearing the commissioner, the claimant, and the
health care provider may introduce relevant evidence to
enable the court to determine whether or not the petition
should be approved if the evidence is submitted on
agreement without objections. If the commissioner and the
claimant cannot agree on the amount, if any, to be paid out
of the patient's compensation fund, the court shall determine
the amount for which the fund is liable and render a finding
and judgment accordingly. In approving a settlement or
determining the amount, if any, to be paid from the patient's
compensation fund, the court shall consider the liability of
the health care provider as admitted and established.
(F) A settlement approved by the court may not be appealed.
A judgment of the court fixing damages recoverable in a
contested proceeding is appealable under the rules governing
appeals in other civil cases tried by the court.
(b) The commissioner may adopt rules under IC 4-22-2
implementing this section.
As added by P.L.1-1998, SEC.13.
Last modified: May 24, 2006