Arizona / Ariz. Rev. Stat. Ann. § 20-1742
Ariz. Rev. Stat. Ann. § 12-570 / The relevant distinctions and provisions of the Arkansas laws are provided below:
Ariz. Rev. Stat. Ann. § 20-1742 has provisions similar to portions of Section 4. Reporting Requirements and Section 5. Required Data Elements. There remain however, significant differences in the statute and the model.
- Ariz. Rev. Stat. Ann. § 20-1742requires claim information be reported tothe appropriate health profession regulatory board, except the Arizona medical board, within thirty days of its receipt, any written or oral claim or action for damages for personal injury rather than the commissioner.
- Ariz. Rev. Stat. Ann. § 20-1742does require some level of closed claim reporting, but it is limited. “Every health care insurer required to report to the health profession regulatory board pursuant to this section is required to advise the health profession regulatory board of any settlements or judgments entered against a health professional as defined in § 32-3201 within thirty days after the settlement was agreed to or the judgment was entered in superior court.”
- Ariz. Rev. Stat. Ann. § 12-570 requires malpractice settlement or award reporting, however, unlike the Model, Section 12-570 requires that the information be reported to the health profession regulatory board or to the department of health services and not the commissioner of insurance.
Colorado / Colo. Rev. Stat. Ann. § 10-1-120
Bulletin B-5.14 (2004) / The relevant distinctions and provisions of Colorado’s laws are provided below:
Colo. Rev. Stat. Ann. § 10-1-120 states “(1) Each insurance company licensed to do business in this state and engaged in the writing of medical malpractice insurance for licensed practitioners shall send to the Colorado medical board, in the form prescribed by the commissioner of insurance, information relating to each medical malpractice claim against a licensed practitioner that is settled or in which judgment is rendered against the insured. (2) The insurance company shall provide such information as is deemed necessary by the Colorado medical board to conduct a further investigation and hearing.”
BULLETIN B-5.14 (2004) states that “During the 1976 legislative session, the Colorado General Assembly enacted legislation (§ 10-1-120 C.R.S.), directing insurers who sell medical malpractice insurance to a licensed medical practitioner in Colorado, to report any malpractice claim which is settled or in which a judgment is rendered against the insured. The law further requires the commissioner of insurance to prescribe the form used to report medical malpractice claims to the Colorado State Board of Medical Examiners.”
In addition, this Bulletin also has a form for the insurer to fill out in order to comply with the statute.
Connecticut / Conn. Gen. Stat. Ann. § 38a-395 / Connecticut has adopted substantial portions of Model #77
Florida / Fla. Stat. § 627.912 (1974/2009)
Fla. Admin. Code Ann. r.
69O-171.003 (1983/1999)
Bulletin 84-255 (1984)
Bulletin 87-213 (1987)
Memorandum 97-007 (1997)
Memorandum 99-105 (1999) / The relevant distinctions and provisions of Florida’s laws are provided below:
Florida’s statutes and regulations capture many provisions of the model. Fla. Stat. § 627.912 set forth the requirement that closed claims be reported. Fla. Admin. Code Ann. r. 69O-171.003 provides information on the proper forms to be used while compiling these reports.
Illinois / 50 Ill. Admin. Code § 4203.230 (2007)
Ill. Admin. Code tit. 50, § 928.10 (2012) to Ill. Admin. Code tit. 50, § 928.Exhibit B & E (2012)
Bulletin 2010-6 / The relevant distinctions and provisions of Illinois’ laws are provided below:
50 Ill. Admin. Code § 4203.230 states “All reports shall be completed, validated and filed in an electronic format in accordance with Appendix A of this Part. There will be one filing date each year. Data must be submitted no later than April of each year. The submission will be submitted electronically to the Illinois Department of Insurance, Market Analysis Unit, 320 W. Washington Street, Springfield, Illinois 62767-0001. Insurers are responsible for developing or obtaining any software required to convert and/or translate their internal file structures and formats to those prescribed by this Part.”
BULLETIN 2010-6 states “While the Illinois Supreme Court ruling impacts some details of 215 ILCS 5/155.19, other requirements in that statute are still in place and companies are obligated to continue to submit to the Department of Insurance (Department) closed claim (loss) information and information concerning medical malpractice lawsuits filed against the company's insureds. The Department has begun the rulemaking process to update Part 928 (50 Ill. Adm. Code 928). Until that process is complete, companies may fulfill their statutory requirement by continuing to file these claims electronically, using software made available from the Department, and on a quarterly basis. The Department has recently started a pilot program for companies to file their claims through a web based application. Please contact the person named below to let us know if you would like to be considered for the pilot program.”
Ill. Admin. Code tit. 50, § 928.30 provides definitions of some terms listed in Section 2, Definitions, however there are significant differences between the Model and the statute:
- Ill. Admin. Code tit. 50, § 928.30 does not define: Claimant, Companion Claims, Economic Damages, Health care facility or facility, Health care provider or provider, Insuring entity, Medical Malpractice, Noneconomic damages, or Self-insurer
- Ill. Admin. Code tit. 50, § 928.40 contains information on the various types of claims that need to be reported and where to find the form, where the model contains greater detail on the closed claims and where they should be submitted. Taken together, Ill. Admin. Code tit. 50, § 928.40 and Ill. Admin. Code tit. 50, § 928.Exhibit B contain information about submitting the claims but still fall short of the Model.
Kansas / Kan. Stat. Ann. § 40-1126 / The relevant distinctions and provisions of Kansas’ laws are provided below:
Kan. Stat. Ann. § 40-1126 provides that “(a) Every insurer providing professional liability insurance to a health care provider who is licensed, registered or certified by the state board of healing arts and covered by the health care stabilization fund established pursuant to subsection (a) of K.S.A. 40-3403, and amendments thereto, or entity with whom the insurer contracts for purposes of complying with this act shall report to the state board of healing arts any action for damages for personal injuries or loss claimed to have been caused by error, omission, or negligence in performance of such insured's professional services or based on a claimed performance of professional services without consent, upon final disposition of the action. (b) Reports of the information required by subsection (a) shall be filed with the state board of healing arts no later than 30 days following the final disposition of the action. (c) Failure to report the information required by subsection (a) shall constitute a violation of K.S.A. 40-1120, and amendments thereto, and shall be subject to penalties applicable thereto”
Kentucky / Ky. Rev. Stat. Ann. § 304.40-310 / The relevant distinctions and provisions of Kentucky’s laws are provided below:
Ky. Rev. Stat. Ann. § 304.40-310states “(1) All malpractice claims settled or adjudicated to final judgment against a health care provider shall be reported to the commissioner of insurance by the malpractice insurer of the health care provider or the health care provider if self-insured, within sixty (60) days following final settlement or disposition of the claim. The report to the commissioner shall recite the following:
(a) Name and address of health care provider involved;
(b) Name and address of claimant;
(c) Nature of the claim;
(d) Damages asserted and alleged injury; and
(e) The amount of any settlement or judgment.
(2) The commissioner of insurance shall forward the name of every health care provider against whom a settlement is made or judgment is rendered to the appropriate licensure board or regulatory agency for review of the fitness of the health care provider to practice his or her profession.
(3) (a) At any time before a jury is empanelled or before a trial is commenced by a court without a jury, no settlement or other compromise of any claim for malpractice shall be effective between a claimant and the fund unless the proposed settlement or other compromise shall have been approved by the commissioner. (b) The commissioner shall prescribe by rule the procedure for submission of settlements or other compromises involving the fund. (c) If the commissioner shall disapprove a proposed settlement or other compromise involving the fund, the claimant may thereafter pursue his or her interests in a court of appropriate jurisdiction and the action of the commissioner shall not be admissible upon any trial of the action. (d) Notwithstanding the provisions of KRS 413.140, when an offer to compromise or settle has been filed with the commissioner the statute of limitations made and provided for the commencement of an action for malpractice shall not bar any such action until ninety (90) days after notice to the parties of the commissioner's disapproval of any proposed settlement or other compromise.”
Maine / Me. Rev. Stat. Ann. tit. 24 §§ 2601 to 2608 (1977/1997);
Bulletin 283 (1998). / The relevant distinctions and provisions of Maine’s laws are provided below:
ME. REV. STAT. ANN. tit. 24 §§ 2601 through 2608 containprovisions similar to the model.
Maryland / Md. Code Ann., Ins. § 4-401 (2014); § 4-405 (2009); Md. Code Regs. 31.08.10.03 to 31.08.10.05; Bulletin 9-2009 (2009); Bulletin 2010-11 (2010). / The relevant distinctions and provisions of Maryland’s laws are provided below:
Md. Code Regs. 31.08.10.03 through 31.08.10.05require disclosure of closed claims similar to the Model.
Michigan / Mich. Comp. Laws § 500.2477 (1986/1995); Bulletin 2012-12-Ins (2012). / The relevant distinctions and provisions of Michigan’s laws are provided below:
Michigan does not directly address closed claims in their statutes or regulations. However, Mich. Comp. Laws § 500.2477 and Bulletin 2012-12-Insrequire disclosure of professional liability insurers and other settlement notifications which may include closed claims.
Missouri / Mo. Ann. Stat. §§ 383.105 To 383.106 (1976/2006); § 383.110 (1976/2006). / The relevant distinctions and provisions of Missouri’s laws are provided below:
Mo. Ann. Stat. § 383.105; 323.106; and 383.110 require disclosure of closed claims. However, these statutes do not directly follow the Model, even though reporting requirements are similar.
Nebraska / 172 Neb. Admin. Code § 5-003 (1995/2006). / The relevant distinctions and provisions of Nebraska’s laws are provided below:
Nebraska does not directly address reporting closed claims. However, Nebraska does require that health care professionals to report malpractice issues.
Nevada / Nev. Rev. Stat §§ 690b.260 (1997/2007); 690b.360 (2003); Bulletin 12-006 (2012) / The relevant distinctions and provisions of Nevada’s laws are provided below:
Nevada Bulletin 12-006 sets forth the closed claim reporting requirements. However, there are substantial differences between the Model and the Bulletin.
New Hampshire / N.H. Code Admin. R. Ann.3801.01 to 3801.07 (2006/2014). / New Hampshire has adopted substantial portions of Model #77
New Jersey / N.J. Stat. Ann. § 17:30D-17 (1983/2006); N.J. Admin. Code
§§ 11:1-7.1 to 11:1-7.5 (2005/2009);
§§ 11:27-11.1 to 11:27-11.6 (2009). / The relevant distinctions and provisions of New Jersey’s laws are provided below:
New Jersey does not directly address reporting closed claims. However, N.J. Stat. Ann. § 17:30D-17; N.J. Admin. Code §§ 11:1-7.1 to 11:1-7.5; and § 11:27-11.1 to 11:27-11.6 do have medical malpractice claim settlement, judgment or arbitration award involving practitioner, or termination or denial of coverage, or assessment of surcharge reporting requirements which may include closed claims.
New York / N.Y. Ins. Law§ 315 (1984/2000); Circular Letter 2010-6 (2010). / The relevant distinctions and provisions of New York’s laws are provided below:
New York does not directly address reporting closed claims. However N.Y. Ins. Law § 315 and Circular Letter 2010-6 (2010) do require disclosure of professional malpractice or misconduct claims, which may encompass closed claims.
Ohio / Ohio Rev. Code Ann. § 3929.302 (2004); Ohio Admin. Code 3901-1-64 (2005/2014). / The relevant distinctions and provisions of Ohio’s laws are provided below:
Ohio Rev. Code Ann. § 3929.302states in pertinent part: “…The department of insurance shall prepare an annual report that summarizes the closed claims reported under this section. The annual report shall summarize the closed claim reports on a statewide basis, and also by specialty and geographic region. Individual claims data shall not be released in the annual report. Copies of the report shall be provided to the members of the general assembly…”
Oklahoma / Okla. Stat. tit. 36 § 6810 to 6816 (2009) / Oklahoma has adopted the Model Law
Oregon / Or. Rev. Stat. § 742.400 (2007/2013) / The relevant distinctions and provisions of Oregon’s laws are provided below:
Or. Rev. Stat. § 742.400provides that“(1) As used in this section:
(a) “Claim” means a written demand for payment from or on behalf of a covered practitioner for an injury alleged to have been caused by professional negligence that is made in a complaint filed with a court of appropriate jurisdiction.
(b) “Covered practitioner” means a chiropractic physician, physician or physician assistant licensed under ORS chapter 677, nurse practitioner, optometrist, dentist, dental hygienist or naturopath.
(c) “Disposition of a claim” means:
(A) A judgment or award against the covered practitioner by a court, a jury or an arbitrator;
(B) A withdrawal or dismissal of the claim; or
(C) A settlement of the claim.
(d) “Reporter” means:
(A) A primary insurer;
(B) A public body required to defend, save harmless and indemnify an officer, employee or agent of the public body under ORS 30.260 to 30.300;
(C) An entity that self-insures or indemnifies for claims alleging professional negligence on the part of a covered practitioner; or
(D) A health maintenance organization as defined in ORS 750.005.
(2) Within 30 days after receiving notice of a claim, a reporter shall report the claim to the appropriate board, as follows:
(a) The Oregon Medical Board if the covered practitioner is a physician or physician assistant licensed under ORS chapter 677;
(b) The Oregon State Board of Nursing if the covered practitioner is a nurse practitioner;
(c) The Oregon Board of Optometry if the covered practitioner is an optometrist;
(d) The Oregon Board of Dentistry if the covered practitioner is a dentist or dental hygienist;
(e) The Oregon Board of Naturopathic Medicine if the covered practitioner is a naturopath; or
(f) The State Board of Chiropractic Examiners if the covered practitioner is a chiropractic physician.
(3) The report required under subsection (2) of this section shall include:
(a) The name of the covered practitioner;
(b) The name of the person that filed the claim;
(c) The date on which the claim was filed; and
(d) The reason or reasons for the claim, except that the report may not disclose any data that is privileged under ORS 41.675.
(4) Within 30 days after the date of an action taken in disposition of a claim, a reporter shall notify the appropriate board identified in subsection (2) of this section of the disposition.
(5)(a) A board that receives a report of a claim under this section shall publicly post the report on the board's website if the claim results in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant. The board may not publicly post information about claims that did not result in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant but shall make the information available to the public upon request.
(b) If a board discloses information about a claim that is the subject of a report received under this section, the board shall indicate in the disclosure whether the claim resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant. A board may not publicly disclose or publish any allegations or factual assertions included in the claim unless the complaint resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant.
(c) For purposes of this subsection, “judicial finding” means a finding of liability by a court, a jury or an arbitrator.
(6) A board that receives a report under this section shall provide copies of the report to each health care facility licensed under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463 that employs or grants staff privileges to the covered practitioner.
(7) A person that reports in good faith concerning any matter required to be reported under this section is immune from civil liability by reason of making the report.”
South Dakota / Bulletin 2009-4 (2009).
S.D. Codified Laws § 58-23A-2 / The relevant distinctions and provisions of South Dakota’s laws are provided below:
Bulletin 2009-4 provides that “South Dakota law requires each medical malpractice insurer to file reports of all claims made against any of its insureds not less than semiannually. See SDCL 58-23A-2 and 58-23A-4.
Previously the actual time frames for the filing were only specified in the reporting form. Furthermore, reporting has been sporadic and inconsistent. Effective immediately there will be a specific time frame each year for the reports to be filed that must be adhered to.
Specifically, the report for claims filed or disposition of any claims from January 1 to June 30 will need to be submitted to the Division by September 30 of each year; the same report for claims filed or disposition of any claims from July 1 to December 31 each year would need to be submitted to the Division by March 31.
Failure to timely file the reports is grounds for administration action.”
Each insurance company engaged in issuing professional medical malpractice insurance in this state shall file with the State Division of Insurance a report of all claims for medical malpractice made against any of its insureds and received by it since its last report. Such reports shall be made to the division not less than semiannually on dates determined by the division
Tennessee / Tenn. Comp. R. Regs. 0780-1-84-.01 to 0780-1-84.10 / Tennessee has adopted the Model Law
Texas / 28 Tex. Admin. Code § 5.9201 (1988);
Bulletin B-0029-07 (2007); Bulletin B-0028-09 (2009); Bulletin B-0041-09 (2009); Bulletin B-0024-12 (2012). / The relevant distinctions and provisions of Texas’ laws are provided below:
28 Tex. Admin. Code § 5.9201states: “The State Board of Insurance adopts by reference quarterly closed claim report forms--liability insurance, together with instructions effective March 1, 1988. The forms and instructions, which liability insurers shall use in complying with reporting requirements under the Insurance Code, Article 1.24B, are published by and are available from Hart Graphics, P.O. Box 968, Austin, Texas 78767, and are available from and on file at the Statistical and Rate Development Division, State Board of Insurance, 1110 San Jacinto Boulevard, Austin, Texas 78701-1998.”