SLS 12RS-867 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 438
BY SENATOR NEVERS
MALPRACTICE. Provides relative to medical malpractice and claims against health care
providers. (8/1/12)
AN ACT1
To amend and reenact R.S. 40:1299.47(A)(1)(c), relative to medical malpractice; to provide2
for claims against health care providers; to provide terms, conditions, and3
procedures; to provide relative to the medical review panel; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.47(A)(1)(c) is hereby amended and reenacted to read as7
follows:8
ยง1299.47. Medical review panel9
A.(1)(a) All malpractice claims against health care providers covered by this10
Part, other than claims validly agreed for submission to a lawfully binding arbitration11
procedure, shall be reviewed by a medical review panel established as hereinafter12
provided for in this Section. The filing of a request for review by a medical review13
panel as provided for in this Section shall not be reportable by any health care14
provider, the Louisiana Patient's Compensation Fund, or any other entity to the15
Louisiana State Board of Medical Examiners, to any licensing authority, committee,16
or board of any other state, or to any credentialing or similar agency, committee, or17 SB NO. 438
SLS 12RS-867 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
board of any clinic, hospital, health insurer, or managed care company.1
* * *2
(c) A claimant shall have forty-five sixty days from the mailing date of the3
confirmation of receipt of the request for review in accordance with Subparagraph4
(3)(a) of this Subsection to pay to the board a filing fee in the amount of one hundred5
dollars per named defendant qualified under this Part.6
* * *7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Present law relative to medical malpractice and the medical review panel provides that a
claimant shall have 45 days from the mailing date of the confirmation of receipt of the
request for review to pay the Patient's Compensation Fund Oversight Board a $100 filing fee
per named defendant.
Proposed law revises the time period from 45 to 60 days within which a claimant shall pay
the $100 filing fee.
Effective August 1, 2012.
(Amends R.S. 40:1299.47(A)(1)(c))