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.
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.