§ 301.408 — DUTY OF LIABILITY INSURER TO REPORT.

Texas § 301.408

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 301.408. DUTY OF LIABILITY INSURER TO REPORT. (a) Each insurer that provides to a nurse liability insurance that covers claims arising from providing or failing to provide nursing care shall submit to the board the report or data required by this section at the time prescribed.
(b) The report or data must be provided for:
(1) a complaint filed in court against a nurse that seeks damages related to the nurse's conduct in providing or failing to provide nursing care; and
(2) a settlement of a claim or lawsuit made on behalf of a nurse.
(c) Not later than the 30th day after the date the insurer receives a complaint subject to Subsection (b), the insurer shall provide to the board:
(1) the name of the nurse against whom the claim is filed;
(2) the policy number;
(3) the policy limits;
(4) a copy of the petition;
(5) a copy of the answer; and
(6) other relevant information known by the insurer, as required by the board.
(d) Not later than the 30th day after the date of a judgment, dismissal, or settlement of a suit involving an insured nurse or settlement of a claim on behalf of the nurse without the filing of a lawsuit, the insurer shall provide to the board information regarding the date of the judgment, dismissal, or settlement and, if appropriate:
(1) whether an appeal has been taken from the judgment and by which party;
(2) the amount of the settlement or judgment against the nurse; and
(3) other relevant information known by the insurer, as required by the board.
(e) A nurse shall report the information required to be reported under this section if the nurse is named as a defendant in a claim arising from providing or failing to provide nursing care and the nurse:
(1) does not carry or is not covered by liability insurance; or
(2) is insured by a nonadmitted carrier.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.036, eff. Sept. 1, 2003.