§ 34-18-6-6 — Processing of claims; conditions of payment; settlement

(a) If an annual aggregate for a health care
provider qualified under this article has been paid by or on behalf of
the health care provider, all amounts that may subsequently become
due and payable to a claimant arising out of an act of malpractice of the
health care provider occurring during the year in which the annual
aggregate was exhausted shall be paid from the patient's compensation
fund under the following terms and conditions:
(1) A health care provider whose annual aggregate has been
exhausted has no right to object to or refuse permission to settle
such a claim.
(2) If a health care provider or the commissioner and claimant
agree on a settlement, the following procedure must be followed:
(A) A petition shall be filed by the claimant with the court in
which the action is pending against the health care provider or,
if none is pending, in the circuit or superior court of Marion
County, seeking approval of the agreed settlement.
(B) A copy of the petition shall be served on the commissioner
and the health care provider at least ten (10) days before filing
and must contain sufficient information to inform the other
parties about the nature of the claim and the amount of the
proposed settlement.
(C) The commissioner may agree to the settlement, or the
commissioner may file written objections to the settlement. The
agreement or objections shall be filed within twenty (20) days
after the petition is filed.
(D) 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, and the
commissioner.
(E) At the hearing the commissioner, the claimant, and 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 and the claimant cannot agree
on the amount, if any, to be paid out of the patient's
compensation fund, the court shall determine the amount for
which the fund is liable and render 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.
(F) A settlement approved by the court may not be appealed. A
judgment of the court fixing damages recoverable in a contested
proceeding is appealable under the rules governing appeals in
other civil cases tried by the court.
(b) The commissioner may adopt rules under IC 4-22-2
implementing this section.
[Pre-1998 Recodification Citation: 27-12-6-6.]

Legislative History

As added by P.L.1-1998, SEC.13.