Bill Text: IN SB0354 | 2012 | Regular Session | Introduced

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Bill Title: Medical malpractice patient's compensation fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Judiciary [SB0354 Detail]

Download: Indiana-2012-SB0354-Introduced.html

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Introduced Version

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SENATE BILL No. 354

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-18-6.

Synopsis: Medical malpractice patient's compensation fund. Requires claims for payment from the medical malpractice patient's compensation fund to be computed and paid every three months instead of every six months.

Effective: July 1, 2012.

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Paul

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    January 9, 2012, read first time and referred to Committee on Judiciary.

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Introduced

Second Regular Session 117th General Assembly (2012)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 354

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    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-18-6-4; (12)IN0354.1.1. -->     SECTION 1. IC 34-18-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) Claims for payment from the patient's compensation fund must be computed and paid as follows:
        (1) Claims for payment from the patient's compensation fund that become final during the first three (3) months of the calendar year must be:
            (A) computed on March 31; and
            (B) paid not later than April 15;
        of that calendar year.
        (2) Claims for payment from the patient's compensation fund that become final during the first six (6) second three (3) months of the calendar year must be:
             (A) computed on June 30; and must be
             (B) paid not later than the following July 15;
         of that calendar year.
        (3) Claims for payment from the patient's compensation fund

that become final during the last six (6) third three (3) months of the calendar year must be:
             (A) computed on September 30; and
            (B) paid not later than October 15;
        of that calendar year.
        (4) Claims for payment from the patient's compensation fund that become final during the last three (3) months of the calendar year must be:
            (A) computed on December 31 of that calendar year; and must be
             (B) paid not later than the following January 15 of the following calendar year.
    (b) If the balance in the fund is insufficient to pay in full all claims that have become final during a six (6) three (3) month period, the amount paid to each claimant must be prorated. Any amount left unpaid as a result of the proration must be paid before the payment of claims that become final during the following six (6) three (3) month period.

SOURCE: IC 34-18-6-5; (12)IN0354.1.2. -->     SECTION 2. IC 34-18-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The auditor of state shall issue a warrant in the amount of each claim submitted to the auditor against the fund on March 31, June 30, September 30, and December 31 of each year. The only claim against the fund shall be a voucher or other appropriate request by the commissioner after the commissioner receives:
        (1) a certified copy of a final judgment against a health care provider; or
        (2) a certified copy of a court approved settlement against a health care provider.