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An Act To Update Professional Liability Insurance Reporting to the Bureau of Insurance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2601, first ¶, as amended by PL 1997, c. 126, §1, is further amended to read:
Every insurer providing professional liability insurance in this State to a person licensed by the Board of Licensure in Medicine or the Board of Osteopathic Licensure or to any health care provider shall make a periodic report of claims made under the insurance to the department or board that regulates the insured. For purposes of this section, a claim is made whenever the insurer receives information from an insured, a patient of an insured or an attorney that an insured's liability for malpractice is asserted. The report must include:
Sec. 2. 24 MRSA §2602, sub-§1, as amended by PL 1997, c. 126, §2, is further amended to read:
 
1. Report; finality of judgment or award.   The insurer shall make a report of disposition to the board or department that regulates the insured as provided in subsection 2 if any claim subject to section 2601 or any claim made against a health care provider results in:
 
A. A final judgment or award to the claimant in any amount;
 
B. A settlement involving payment in any amount of money or services; or
 
C. A final disposition not involving any payment of money or services.
 
For purposes of this subsection, a judgment or award is final when it can not be appealed, and a disposition is final when it results from judgment, dismissal, withdrawal or abandonment and a claim is made whenever the insurer receives information from an insured, a patient of an insured or an attorney that an insured's liability for malpractice is asserted.
 
SUMMARY
This bill makes the following changes to the laws governing liability claims reports under the Maine Health Security Act:
1. It amends the law to provide that reports of claims against a health care provider need not be forwarded to the department or board that regulates the health care provider; and
2. It amends the law to provide that reports of disposition of claims against a health care provider must be forwarded to the department or board that regulates the health care provider.