Indiana § 34-18-4-1 Establishment of financial responsibility

Indiana Statutes

§ 34-18-4-1 — Establishment of financial responsibility

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 18 MEDICAL MALPRACTICE·Ch. 4 Establishment of Financial Responsibility

Financial responsibility of a health care provider and the provider's officers, agents, and employees while acting in the course and scope of their employment with the health care provider may be established under subdivision (1), (2), or (3):

(1)By the health care provider's insurance carrier filing with the commissioner proof that the health care provider is insured by a policy of malpractice liability insurance in at least the amount specified in IC 34-18-14-3(b) per occurrence and three (3) times that amount in the annual aggregate, except for the following:

(A)If the health care provider is a hospital, as defined in this article, the minimum annual aggregate insurance amount is as follows:

(i)For hospitals of not more than one hundred (100) beds, twenty (20) times the amount specif

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Financial responsibility of a health care
provider and the provider's officers, agents, and employees while acting
in the course and scope of their employment with the health care
provider may be established under subdivision (1), (2), or (3):
(1) By the health care provider's insurance carrier filing with the
commissioner proof that the health care provider is insured by a
policy of malpractice liability insurance in at least the amount
specified in IC 34-18-14-3(b) per occurrence and three (3) times
that amount in the annual aggregate, except for the following:
(A) If the health care provider is a hospital, as defined in this
article, the minimum annual aggregate insurance amount is as
follows:
(i) For hospitals of not more than one hundred (100) beds,
twenty (20) times the amount specified in IC 34-18-14-3(b).
(ii) For hospitals of more than one hundred (100) beds, thirty
(30) times the amount specified in IC 34-18-14-3(b).
(B) If the health care provider is a health maintenance
organization (as defined in IC 27-13-1-19) or a limited service
health maintenance organization (as defined in IC 27-13-34-4),
the minimum annual aggregate insurance amount is seven (7)
times the amount specified in IC 34-18-14-3(b).
(C) If the health care provider is a health facility, the minimum
annual aggregate insurance amount is as follows:
(i) For health facilities with not more than one hundred (100)
beds, three (3) times the amount specified in IC 34-18-14-3(b).
(ii) For health facilities with more than one hundred (100)
beds, five (5) times the amount specified in IC 34-18-14-3(b).
(2) By filing and maintaining with the commissioner cash or
surety bond approved by the commissioner in the amounts set
forth in subdivision (1).
(3) If the health care provider is a hospital or a psychiatric
hospital, by submitting annually a verified financial statement
that, in the discretion of the commissioner, adequately
demonstrates that the current and future financial responsibility
of the health care provider is sufficient to satisfy all potential
malpractice claims incurred by the provider or the provider's
officers, agents, and employees while acting in the course and
scope of their employment up to a total of the amount specified in
IC 34-18-14-3(b) per occurrence and annual aggregates as
follows:
(A) For hospitals of not more than one hundred (100) beds,
twenty (20) times the amount specified in IC 34-18-14-3(b).
(B) For hospitals of more than one hundred (100) beds, thirty
(30) times the amount specified in IC 34-18-14-3(b).
The commissioner may require the deposit of security to assure
continued financial responsibility.
[Pre-1998 Recodification Citation: 27-12-4-1.]