2015 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 18. MEDICAL MALPRACTICE CHAPTER 15. PAYMENT FROM THE PATIENT'S COMPENSATION FUND
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IC 34-18-15
Chapter 15. Payment From the Patient's Compensation Fund
IC 34-18-15-1
Discharge of obligations
Sec. 1. (a) The obligation to pay an amount from the patient's
compensation fund under IC 34-18-14-3(c), IC 34-18-6-6, or section
3 of this chapter (or IC 27-12-14-3(c), IC 27-12-6-6, or
IC 27-12-15-3 before their repeal) may be discharged as follows:
(1) Payment in one (1) lump amount.
(2) An agreement requiring periodic payments from the fund
over a period of years.
(3) The purchase of an annuity payable to the patient.
(4) Any combination of subdivisions (1), (2), and (3).
(b) The commissioner may contract with approved insurers to
insure the ability of the fund to make periodic payments under
subsection (a)(2).
As added by P.L.1-1998, SEC.13.
IC 34-18-15-2
Periodic payments; combined payments
Sec. 2. Notwithstanding IC 34-18-6, the commissioner may:
(1) discharge the possible liability of the patient's compensation
fund to a patient through a periodic payments agreement (as
defined in IC 34-18-14-2); and
(2) combine money from the fund with money of the health care
provider (or its insurer) to pay the cost of the periodic payments
agreement with the patient (or the patient's estate). However, the
amount provided by the commissioner may not exceed eighty
percent (80%) of the total amount expended for the agreement.
As added by P.L.1-1998, SEC.13.
IC 34-18-15-3
Demand in excess of policy limits; procedure
Sec. 3. If a health care provider or its insurer has agreed to settle
its liability on a claim by payment of its policy limits of two hundred
fifty thousand dollars ($250,000), and the claimant is demanding an
amount in excess of that amount, the following procedure must be
followed:
(1) A petition shall be filed by the claimant in the court named
in the proposed complaint, or in the circuit or superior court of
Marion County, at the claimant's election, seeking:
(A) approval of an agreed settlement, if any; or
(B) demanding payment of damages from the patient's
compensation fund.
(2) A copy of the petition with summons shall be served on the
commissioner, the health care provider, and the health care
provider's insurer, and must contain sufficient information to
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inform the other parties about the nature of the claim and the
additional amount demanded.
(3) The commissioner and either the health care provider or the
insurer of the health care provider may agree to a settlement
with the claimant from the patient's compensation fund, or the
commissioner, the health care provider, or the insurer of the
health care provider may file written objections to the payment
of the amount demanded. The agreement or objections to the
payment demanded shall be filed within twenty (20) days after
service of summons with copy of the petition attached to the
summons.
(4) 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, the insurer
of the health care provider, and the commissioner.
(5) At the hearing, the commissioner, the claimant, the health
care provider, and the insurer of 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, the health care provider, the insurer of the health
care provider, and the claimant cannot agree on the amount, if
any, to be paid out of the patient's compensation fund, the court
shall, after hearing any relevant evidence on the issue of
claimant's damage submitted by any of the parties described in
this section, determine the amount of claimant's damages, if any,
in excess of the two hundred fifty thousand dollars ($250,000)
already paid by the insurer of the health care provider. The court
shall determine the amount for which the fund is liable and
make 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.
(6) A settlement approved by the court may not be appealed. A
judgment of the court fixing damages recoverable in a contested
proceeding is appealable pursuant to the rules governing appeals
in any other civil case tried by the court.
(7) A release executed between the parties does not bar access
to the patient's compensation fund unless the release specifically
provides otherwise.
As added by P.L.1-1998, SEC.13. Amended by P.L.233-1999,
SEC.15.
IC 34-18-15-4
Failure to pay settlement or judgment
Sec. 4. If a health care provider or the health care provider's surety
or liability insurance carrier fails to pay any agreed settlement or final
judgment within ninety (90) days, the agreed settlement or final
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judgment shall be paid from the patient's compensation fund, and the
fund shall be subrogated to any and all of claimant's rights against the
health care provider, the health care provider's surety or liability
insurance carrier, or both, with interest, reasonable costs, and
attorney's fees.
As added by P.L.1-1998, SEC.13.
Indiana Code 2015
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