La. Admin. Code tit. 37 § III-303

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-303 - Executive Director of the Patients' Compensation Fund Oversight Board

A. The position of executive director of the Louisiana Patient's Compensation Fund Oversight Board is hereby established by the board as an unclassified position. The executive director shall be employed by the board and, subject to other provisions of law respecting qualification for and maintenance of governmental employment, hold such office at the pleasure of the board. In addition to other qualifications required by law for such office, the executive director shall be at least 21 years of age, a graduate of an accredited post-secondary college or university, and have had prior professional experience and training in insurance and actuarial science as appropriate to the executive director's responsibilities pursuant to these rules.

B. The executive director shall be responsible, and accountable to the board for the overall administration, operation, conservation, management, and defense of the fund to the extent of the responsibilities imposed on the board by the Act. Without limitation on the scope of such responsibility, the executive director shall be specifically responsible for:

1. receiving and processing health care provider applications for enrollment with the fund;

2. determining whether applicants for enrollment satisfy the standards of financial responsibility and possess the other qualifications for enrollment specified by these rules;

3. timely collection of surcharges from, or paid by insurers on behalf of, enrolled health care providers;

4. certification of enrollment upon the presentation of claims against health care providers enrolled with the fund;

5. processing claims against enrolled health care providers and the fund in accordance with the Act and these rules;

6. collection, accumulation, and maintenance of comprehensive historical claims experience data from enrolled health care providers and insurance companies providing professional liability coverage to health care providers in the state of Louisiana, in such form and array as may be necessary or appropriate to permit the fund's actuary to develop sound and appropriate surcharge rates for the fund;

7. maintenance of accurate, current, and complete data on pending and concluded and closed claims against the fund;

8. coordination of the defense and disposition of claims against the fund ;

9. payment of judgments, settlements, arbitration awards, and medical expenses ;

10. retention of an actuary for the fund in accordance with §701;

11. preparation and submission, in conjunction with the PCF's actuary, of the annual actuarial study and indicated surcharge rates and rate changes, to the board;

12. financial accounting for the fund in accordance with generally accepted accounting principles;

13. development and submission of an annual budget and appropriation request as provided by §1305-1307 of these rules;

14. preparation and submission of such reports on the status, administration, and operation of the fund, and on the disposition of individual claims against the fund, as required by law or as directed by the board; and

15. the discharge and performance of such other duties, responsibilities, functions, and activities as are expressly or impliedly imposed on the board by the Act or as specified by these rules.

C. All authority for the administration and operation of the fund vested in the board by the Act is hereby delegated to the executive director. In the exercise of such authority, the executive director shall be accountable to, and subject to the superseding authority of, the board.

D. Without limitation on the generality of the provision made by §307 for the payment of the expenses of administration and defense of the fund, the salary and employment benefits of the executive director and any expenses properly and lawfully incurred by the executive director in the performance of his duties under these rules shall be payable by the fund.

La. Admin. Code tit. 37, § III-303

Promulgated by the Office of the Governor, Patients' Compensation Fund Oversight Board, LR 18:169 (February 1992), amended LR 29:344 (March 2003), amended by the Office of the Governor, Division of Administration, Patients' Compensation Fund Oversight Board, LR 38:2535 (October 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).