Introduced Version
SENATE BILL No. 354
_____
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.
January 9, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 354
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.