HLS 16RS-673 ENGROSSED
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 (5) and 1237.2(A)(1)(c) and (5), relative
3 to the filing requirements for a medical review panel; to provide relative to the delay
4 within which to pay the required filing fee; to provide for commencement upon
5 receipt of 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 (5) and 1237.2(A)(1)(c) and (5) are hereby
8amended and reenacted 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 (5) In the event that any the board is unable to determine after forty-five days
18 from the date of mailing of the notification, whether notification by certified mail,
19 return receipt requested, provided for in Paragraphs (3) and (4) of this Subsection has
20 been received by the claimant, or the notification is not claimed or is returned
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 195
1 undeliverable, the board shall provide such notification by regular first class mail,
2 which date of mailing shall have the effect of receipt of notice by certified mail for
3 purposes of Subparagraphs (1)(c) and (d) of this Subsection.
4 §1237.2. State medical review panel
5 A.(1)
6 * * *
7 (c) A claimant shall have forty-five days from the date of the mailing receipt
8 by the claimant of the confirmation of receipt of the request for review in accordance
9 with Subparagraph (3)(a) of this Subsection to pay to the commissioner a filing fee
10 in the amount of one hundred dollars per named defendant state health care provider.
11 * * *
12 (5) In the event that any the commissioner is unable to determine after forty-
13 five days from the date of mailing of the notification, whether notification by
14 certified mail, return receipt requested, provided for in Paragraphs (3) and (4) of this
15 Subsection has been received by the claimant, or the notification is not claimed or
16 is returned undeliverable, the board commissioner shall provide such notification by
17 regular first class mail, which date of mailing shall have the effect of receipt of
18 notice by certified mail for purposes of Subparagraphs (1)(c) and (d) of this
19 Subsection.
20 * * *
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 Engrossed 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.
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HB NO. 195
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.
Present law provides that if any notification by certified mail, return receipt requested, is
not claimed or is returned undeliverable, the board shall provide such notification by regular
first class mail, which date of mailing shall have the effect of receipt of notice by certified
mail.
Proposed law specifies that if the board or commission is unable to determine after 45 days
from the date of mailing of the notification, whether notification by certified mail, return
receipt requested, has been received by the claimant, or the notification is not claimed or is
returned undeliverable, the board shall provide such notification by regular first class mail,
which date of mailing shall have the effect of receipt of notice by certified mail.
(Amends R.S. 40:1231.8(A)(1)(c) and (5) and 1237.2(A)(1)(c) and (5))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add provisions specifying that if the board or commission is unable to determine
receipt after 45 days from the date of mailing the notification, it shall mail the
notification by regular first class mail.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.