Chapter 216
2011 -- S 0299 SUBSTITUTE A
Enacted 07/01/11
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF BUSINESS REGULATION
Introduced By: Senators Ottiano, Bates, Shibley, E O`Neill, and Lynch
Date Introduced: February 16, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 42-14-2.1 of the General Laws in Chapter
42-14 entitled
"Department of
Business Regulation" is hereby amended to read as follows:
42-14-2.1. Reporting by certain insurers -- Settlements. -- (a)
Every insurer or entity
exempt pursuant to section 2.6 of chapter 16 of title 27 or entity
permissibly self insured pursuant
to subsection 2(c) of chapter 14.1 of title 42 providing professional liability insurance to
licensed
physicians, dentists, or dental hygienists healthcare professionals or licensed healthcare facilities
shall send a complete report to the board of medical
licensure and discipline established pursuant
to chapter 37 of title 5, or the board of examiners in
dentistry established pursuant to chapter 31.1
of title 5 and the department of business regulation as
to any claim, notice, settlement, judgment,
or arbitration award of a claim or action for damages
for death or personal injury caused by such
person's negligence, error, or omission in practice or his or
her rendering of unauthorized
professional services. The report shall be sent within thirty (30)
days after service of such
arbitration award on the parties or notice of the claim,
settlement, judgment, or arbitration award.
(b) Notwithstanding any
other provision of law, an insurer or entity exempt pursuant to
section 2.6 of chapter 16 of title 27 or entity permissibly
self insured pursuant to subsection 2(c)
of chapter 14.1 of title 42 providing professional
liability coverage to licensed healthcare
professionals or licensed healthcare facilities shall have the contractual right to settle any claim
up to the limits of the policy without the insured's
consent, unless the policy by its express terms
prohibits the insurer from settling any claim without the
consent of the insured.
(c) All insurers doing
business in the state of
section 2.6 of chapter 16 of title 27 or entity permissibly self
insured pursuant to subsection 2(c)
of chapter 14.1 of title 42 providing professional in liability insurance for health care
professionals or licensed healthcare facilities,
dentists, or dental hygienists shall file an annual
report with the commissioner of insurance. This report must
be filed for each year by March 1 of
the next year. The information required for each year
shall include, for each rating class:
(1) The number of
insured;
(2) The total premiums
paid;
(3) The total number of
claims made, the years in which the incidents giving rise to the
claims occurred, and the total number of those claims
outstanding at the end of the year;
(4) The total amount of
claims paid, the years in which the incidents giving rise to the
claims occurred, and the amount of the costs which can be
identified with these claims for
investigation, processing, and defense of these claims; and
(5) The number of
lawsuits filed.
SECTION 2. This act shall take effect upon passage.
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LC01175/SUB A
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