Sec. 202.353. MALPRACTICE CLAIM REPORTS. (a) An insurer who delivers or issues for delivery in this state professional liability insurance coverage to a podiatrist who practices in this state shall furnish to the department the information specified in Subsection (b) relating to:
(1) a notice of claim letter or a complaint filed against the insured in a court, if the notice of claim letter or the complaint seeks the recovery of damages based on the insured's conduct in providing or failing to provide medical or health care services; or
(2) a settlement of a claim or other legal action made by the insurer on behalf of the insured.
(b) The insurer shall furnish the following information not later than the 30th day after the date the insurer receives the notice of claim letter or complaint against the insured:
(1) the name of the insured;
(2) the number of the insured's license to practice podiatry in this state;
(3) the insured's insurance policy number; and
(4) a copy of the notice of claim letter or complaint.
(c) If a podiatrist who practices in this state is not covered by professional liability insurance or is insured by an insurer who is not authorized to write professional liability insurance for podiatrists in this state, the affected podiatrist shall submit information to the department relating to any malpractice action brought against that podiatrist. The podiatrist shall submit the information as required by rules adopted by the commission under Subsections (d)-(f).
(d) In consultation with the commissioner of insurance, the commission shall adopt rules for reporting the information required under Subsections (a) and (b) and any additional information required by the department.
(e) The department shall consider other claim reports required under state or federal law in determining:
(1) any additional information to be reported;
(2) the form of the report; and
(3) reasonable reporting intervals.
(f) The department may require additional information, including:
(1) the date of a judgment, dismissal, or settlement of a malpractice action;
(2) whether an appeal has been taken and the identity of the party appealing; and
(3) the amount of any judgment or settlement.
(g) An insurer, an agent or employee of the insurer, a commission member, or an employee or representative of the department is not liable or subject to a cause of action for an action taken as required under this section.
(h) A report or information submitted to the department under this section or the fact that a report or information has been submitted may not be offered in evidence or in any manner used in the trial of an action brought against a podiatrist based on the podiatrist's conduct in providing or failing to provide medical or health care services.
(i) The department shall review the information relating to a podiatrist against whom three or more malpractice claims have been reported during any five-year period in the same manner as if a complaint against that podiatrist had been made to the department under Subchapter E.
(j) The commissioner of insurance may impose the sanctions authorized by Chapter 82, Insurance Code, against an insurer subject to this section who fails to report as prescribed by this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.544, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 40, eff. September 1, 2017.
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