The House Judiciary heard HB 1043 concerning medical malpractice caps, authored by Rep. Torr. This bill increases the medical malpractice cap from $1,250,000 to $1,650,000 for claims arising after June 30, 2015. The bill also increases the maximum amount of liability for a health care provider or a health care provider’s insurer from $250,000 to $300,000.
Rep. Torr introduced an amendment providing that payments from the patient’s compensation fund are to be disbursed not later than 60 days after the issuance of a final, non-appealable judgment (as opposed to quarterly, as originally in the bill).
Another amendment was also introduced increasing the pay for medical review panel members from $350 to $500, and also increasing the potential pay for the medical review panel chairperson from $2,000 to $2,500. It also adjusted the liability provisions so that the maximum potential liability of a qualified health care provider for an occurrence of malpractice increases from $250,000 to: (1) $300,000; or (2) $400,000 if the action against the health care provider results in a final judgment in favor of the plaintiff. The amendment additionally eliminates provisions under which the liability of a qualified health care provider or the qualified healthcare provider’s insurer could be discharged through a periodic payments agreement under which the cost borne by the qualified healthcare provider or the qualified health care provider’s insurer (consisting of the present payment and the cost of future payments) could be less than the cost of discharging the liability solely through an immediate payment.
After both amendments were introduced, testimony was received against the amendments from the general counsel of the Indiana Department of Insurance; the general counsel of the Indiana State Medical Association; the President of the Indiana State Medical Association; a representative of the Indiana Society of Anesthesiologists; a representative of the Indiana Osteopathic Association; and, a representative of the Indiana Council of Community Mental Health Centers. Testimony in support of the bill was received by Indiana Hospital Association and neutral support was noted by representatives of the Indiana Chamber of Commerce and the Indiana Health Care Association. The amendments were adopted by consent and the bill passed 9-2.
Read the bill at http://iga.in.gov/legislative/2015/bills/house/1043.