HLS 16RS-673 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 195
BY REPRESENTATIVE JENKINS
MALPRACTICE/MEDICAL: Provides relative to transmittal of certain notices required
pursuant to medical malpractice law
1 AN ACT
2To amend and reenact R.S. 40:1231.8(A)(1)(c) and 1237.2(A)(1)(c), relative to the filing
3 requirements for a medical review panel; to provide relative to the delay within
4 which to pay the required filing fee; to provide for commencement upon receipt of
5 certain notices; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:1231.8(A)(1)(c) and 1237.2(A)(1)(c) are hereby amended and
8reenacted to read as follows:
9 §1231.8. Medical review panel
10 A.(1)
11 * * *
12 (c) A claimant shall have forty-five days from the mailing date of receipt by
13 the claimant of the confirmation of receipt of the request for review in accordance
14 with Subparagraph (3)(a) of this Subsection to pay to the board a filing fee in the
15 amount of one hundred dollars per named defendant qualified under this Part.
16 * * *
17 §1237.2. State medical review panel
18 A.(1)
19 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-673 ORIGINAL
HB NO. 195
1 (c) A claimant shall have forty-five days from the date of the mailing receipt
2 by the claimant of the confirmation of receipt of the request for review in accordance
3 with Subparagraph (3)(a) of this Subsection to pay to the commissioner a filing fee
4 in the amount of one hundred dollars per named defendant state health care provider.
5 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 195 Original 2016 Regular Session Jenkins
Abstract: Relative to medical malpractice review panels, changes the commencement of
the period within which to pay the filing fee from 45 days from the date of mailing
the confirmation to 45 days from the date of receipt of the confirmation by the
claimant.
Present law provides that all medical malpractice claims shall be reviewed by a medical
review panel, and further provides all procedures for the filing and hearing of malpractice
claims by the medical review panel.
Present law requires that a request for review shall contain certain information, including the
name of the patient, the names of the claimants, the names of the defendants, and the dates
and a brief description of the alleged malpractice.
Present law requires notice of confirmation of receipt to the claimant by certified mail, return
receipt requested, within 30 days of receipt of the claim, and provides that the claimant shall
have 45 days from the date of mailing of the confirmation of receipt of the request for review
to pay a $100 filing fee for each named defendant.
Proposed law retains present law but changes the commencement of the period within which
to pay the filing fee from 45 days from the date of mailing the confirmation to 45 days from
the date of receipt of the confirmation by the claimant.
(Amends R.S. 40:1231.8(A)(1)(c) and 1237.2(A)(1)(c))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.