ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 398
Regular Session, 2010
HOUSE BILL NO. 1018
BY REPRESENTATIVE WHITE
AN ACT1
To amend and reenact R.S. 40:1299.39(E)(1) and 1299.39.1(A)(1)(a), relative to the2
Malpractice Liability for State Services Act (MLSSA); to provide for malpractice3
claims of prisoners; to provide for services rendered in a correctional facility; to4
provide for wrongful death and survival claims; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.39(E)(1) and 1299.39.1(A)(1)(a) are hereby amended and7
reenacted to read as follows: 8
§1299.39. Definitions and general application9
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E.(1) Unless the medical malpractice claim is first compromised and settled11
in accordance with Subsection H of this Section or unless the state, through the12
concurrence of the office of risk management and the legal counsel representing the13
state against such claim, waive the medical review panel procedure, all medical14
malpractice claims by their patients or their representatives arising from the right15
created and granted by Subsections C and D of this Section shall be submitted to16
administrative review in accordance with this Subsection before such right in17
individual claims can become sufficiently existent to be susceptible of judicial18
recognition or adjudication. The medical malpractice claims of prisoners relating to19
health care rendered in a correctional facility and arising under this Part shall be20
submitted to correctional administrative review procedures established for21
administrative hearings in the correctional environment or established in accordance22
with express law, including R.S. 15:1171 et seq., R.S. 49:964, and the administrative23
rules and regulations pertaining thereto. All other medical malpractice claims arising24 ENROLLEDHB NO. 1018
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are additions.
under this Part, including wrongful death and survival actions related to prisoners,1
shall be submitted to a medical review panel in accordance with R.S. 40:1299.39.1.2
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§1299.39.1. State medical review panel4
A.(1)(a) All malpractice claims against the state, its agencies, or other5
persons covered by this Part, other than claims wherein the patients are prisoners6
subject to administrative review in a correctional facility in accordance with R.S.7
40:1299.39(E) and claims compromised or settled by the claimant and the division8
of administration with the concurrence of designated legal counsel for the state, shall9
be reviewed by a state medical review panel established as provided in this Section,10
to be administered by the commissioner of administration, hereinafter referred to as11
commissioner. The filing of a request for review by a state medical review panel as12
provided for in this Section shall not be reportable by any health care provider or any13
other entity to the Louisiana State Board of Medical Examiners, to any licensing14
authority, committee, or board of any other state, or to any credentialing or similar15
agency, committee, or board of any clinic, hospital, health insurer, or managed care16
company.17
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: