La. Admin. Code tit. 37 § III-907

Current through Register Vol. 50, No. 9, September 20, 2024
Section III-907 - Scope of Coverage: Self-Insureds
A. With respect to health care providers enrolled with the fund by evidence of self-insurance pursuant to §507 hereof, the fund shall be obligated to pay compensation to the extent provided by the Act only with respect to claims arising from an incident which occurred during the effective period of enrollment, regardless of whether the provider was actively enrolled on the date on which the claim was reported, so long as the provider continues to meet the financial responsibility requirements of R.S. 40:1299.42 for continued qualification.
B. The fund's obligation for compensation shall extend to the vicarious liability of an enrolled health care provider for acts or omissions of any employee or agent of the provider when acting within the course and scope of his or her employment, except any employee individually eligible for enrollment with the fund employed by the health provider when such employed person is not enrolled with the fund. The fund's obligation for compensation does not and shall not extend to any liability or obligation of a health care provider, which the health care provider has assumed or undertaken by contract or agreement, to indemnify, defend or hold harmless any other person, firm or corporation.

La. Admin. Code tit. 37, § III-907

Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 18:177 (February 1992), amended LR 23:70 (January 1997), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2541 (October 2012).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).