Section 4731-15-03 - Malpractice reporting requirement(A) Any insurer providing professional liability insurance or any other entity that seeks to indemnify the professional liability of any person holding a valid license shall notify the board within thirty days after the final disposition of any written claim for damages where such disposition results in a payment which exceeds twenty-five thousand dollars.(B) For purposes of the malpractice reporting statutes and this rule:(1) The amount of payment shall mean the aggregate gross settlement, not including court costs or other litigation costs;(2) The present value of future payments shall be utilized in calculating the aggregate gross settlement in cases of structured payments;(3) In cases involving multiple defendants where payment exceeds twenty-five thousand dollars but no specific allocation is made in the disposition of the claim, a report shall be filed with the board for each of the defendants upon whose behalf the payment is made;(4) Payments made solely for damages not arising from patient care need not be reported;(5) The waiver of an outstanding debt is not construed as a payment.(C) Each notification to the board shall include the following:(1) The name and address of the person submitting the notification;(2) The identity of the insurer or other indemnifying entity;(3) The name and address of the insured who is the subject of the claim;(4) The name of the person filing the written claim;(5) The date of final disposition;(6) The amount of payment;(7) If applicable, the identity of the court in which the final disposition took place.(D) An insurer that reports a medical malpractice payment to the national practitioner data bank may satisfy the reporting requirement of this rule by timely filing a copy of the national practitioner data bank medical malpractice report with the board.(E) The reports received under the malpractice reporting statutes , and this rule may be investigated for possible violations of any law or rule of the board.Ohio Admin. Code 4731-15-03
Effective: 11/30/2023
Five Year Review (FYR) Dates: 8/31/2023 and 11/30/2028
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4760.19, 4762.19, 4774.11
Rule Amplifies: 4730.32, 4731.224, 4760.16, 4762.16, 4774.16
Prior Effective Dates: 09/01/1991, 02/28/2004, 03/31/2010