reglab/housing_qa huggingface dataset:
IN Code § 34-18-2-28 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 2. Definitions|34-18-2-28. "Tort"

Sec. 28. "Tort" means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.[Pre-1998 Recodification Citation: 27-12-2-28.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-1. Application of Article

Sec. 1. A health care provider who fails to qualify under this article is not covered by this article and is subject to liability under the law without regard to this article. If a health care provider does not qualify, the patient's remedy is not affected by this article.[Pre-1998 Recodification Citation: 27-12-3-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-2. Qualifications; Proof of Financial Responsibility

Sec. 2. For a health care provider to be qualified under this article, the health care provider or the health care provider's insurance carrier shall:(1) cause to be filed with the commissioner proof of financial responsibility established under IC 34-18-4; and(2) pay the surcharge assessed on all health care providers under IC 34-18-5.[Pre-1998 Recodification Citation: 27-12-3-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-3. Qualification of Officers, Agents, and Employees of Health Care Providers

Sec. 3. The officers, agents, and employees of a health care provider, while acting in the course and scope of their employment, may be qualified under this chapter if the following conditions are met:(1) The officers, agents, and employees are individually named or are members of a named class in the proof of financial responsibility filed by the health care provider under IC 34-18-4.(2) The surcharge assessed under IC 34-18-5 is paid.[Pre-1998 Recodification Citation: 27-12-3-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-4. Claims Against Governmental Entities and Employees

Sec. 4. (a) As used in this section, "employee of a governmental entity" has the meaning set forth in IC 34-6-2-38.(b) As used in this section, "governmental entity" has the meaning set forth in IC 34-6-2-49.(c) A claim against a governmental entity or an employee of a governmental entity based on an occurrence of malpractice is governed exclusively by this article if the governmental entity or employee is qualified under this article.[Pre-1998 Recodification Citation: 27-12-3-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-5. Receipt of Proof of Financial Responsibility and Surcharge; Timeliness of Compliance; Penalties

Sec. 5. (a) Except as provided in subsection (b), the receipt of proof of financial responsibility and the surcharge constitutes compliance with section 2 of this chapter:(1) as of the date on which they are received; or(2) as of the effective date of the policy;if this proof is filed with and the surcharge paid to the department of insurance not later than ninety (90) days after the effective date of the insurance policy.(b) If an insurer files proof of financial responsibility and makes payment of the surcharge to the department of insurance at least ninety-one (91) days but not more than one hundred eighty (180) days after the policy effective date, the health care provider is in compliance with section 2 of this chapter if the insurer demonstrates to the satisfaction of the commissioner that the insurer:(1) received the premium and surcharge in a timely manner; and(2) erred in transmitting the surcharge in a timely manner.(c) If the commissioner accepts a filing as timely under subsection (b), the filing must, in addition to any penalties under IC 34-18-5-3, be accompanied by a penalty amount as follows:(1) Ten percent (10%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least ninety-one (91) days and not more than one hundred twenty (120) days after the original effective date of the policy.(2) Twenty percent (20%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least one hundred twenty-one (121) days and not more than one hundred fifty (150) days after the original effective date of the policy.(3) Fifty percent (50%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least one hundred fifty-one (151) days and not more than one hundred eighty (180) days after the original effective date of the policy.[Pre-1998 Recodification Citation: 27-12-3-5.]As added by P.L.1-1998, SEC.13. Amended by P.L.91-1998, SEC.21; P.L.111-1998, SEC.5; P.L.1-1999, SEC.69.
IN Code § 34-18-3-6 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-6. Notification of Qualification

Sec. 6. Within five (5) business days after the department of insurance receives the information required under section 2 of this chapter for the qualification of a health care provider, the commissioner shall notify the health care provider of the following:(1) Whether the provider is qualified.(2) If the provider is qualified, the date the provider becomes qualified.[Pre-1998 Recodification Citation: 27-12-3-6.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-3-7 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 3. Need to Qualify; Qualification Procedure|34-18-3-7. Adoption of Rules; Minimum Annual Aggregate Insurance Amount

Sec. 7. (a) The commissioner shall adopt rules under IC 4-22-2 to establish the following:(1) Criteria for determining, upon application, whether a corporation, limited liability company, partnership, or professional corporation is subject to IC 34-18-2-14(7) and thus is eligible to qualify as a health care provider under this chapter.(2) The minimum annual aggregate insurance amount necessary for the corporation, limited liability company, partnership, or professional corporation to become qualified under IC 34-18-2-14(7).(b) The criteria to be established by rule under subsection (a)(1) must include the identification of the health care purpose and function of the corporation, limited liability company, partnership, or professional corporation.(c) The minimum annual aggregate insurance amount to be set by rule under subsection (a)(2) may not exceed five hundred thousand dollars ($500,000).(d) The commissioner may require a corporation, limited liability company, partnership, or professional corporation that seeks to qualify under IC 34-18-2-14(7) and this chapter to provide information necessary to determine eligibility and to establish the minimum annual aggregate amount applicable to the corporation, limited liability company, partnership, or professional corporation.[Pre-1998 Recodification Citation: 27-12-3-7.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-4-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 4. Establishment of Financial Responsibility|34-18-4-1. Establishment of Financial Responsibility

Sec. 1. Financial responsibility of a health care provider and the provider's officers, agents, and employees while acting in the course and scope of their employment with the health care provider may be established under subdivision (1), (2), or (3):(1) By the health care provider's insurance carrier filing with the commissioner proof that the health care provider is insured by a policy of malpractice liability insurance in at least the amount specified in IC 34-18-14-3(b) per occurrence and three (3) times that amount in the annual aggregate, except for the following:(A) If the health care provider is a hospital, as defined in this article, the minimum annual aggregate insurance amount is as follows:(i) For hospitals of not more than one hundred (100) beds, twenty (20) times the amount specified in IC 34-18-14-3(b).(ii) For hospitals of more than one hundred (100) beds, thirty (30) times the amount specified in IC 34-18-14-3(b).(B) If the health care provider is a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-34-4), the minimum annual aggregate insurance amount is seven (7) times the amount specified in IC 34-18-14-3(b).(C) If the health care provider is a health facility, the minimum annual aggregate insurance amount is as follows:(i) For health facilities with not more than one hundred (100) beds, three (3) times the amount specified in IC 34-18-14-3(b).(ii) For health facilities with more than one hundred (100) beds, five (5) times the amount specified in IC 34-18-14-3(b).(2) By filing and maintaining with the commissioner cash or surety bond approved by the commissioner in the amounts set forth in subdivision (1).(3) If the health care provider is a hospital or a psychiatric hospital, by submitting annually a verified financial statement that, in the discretion of the commissioner, adequately demonstrates that the current and future financial responsibility of the health care provider is sufficient to satisfy all potential malpractice claims incurred by the provider or the provider's officers, agents, and employees while acting in the course and scope of their employment up to a total of the amount specified in IC 34-18-14-3(b) per occurrence and annual aggregates as follows:(A) For hospitals of not more than one hundred (100) beds, twenty (20) times the amount specified in IC 34-18-14-3(b).(B) For hospitals of more than one hundred (100) beds, thirty (30) times the amount specified in IC 34-18-14-3(b).The commissioner may require the deposit of security to assure continued financial responsibility.[Pre-1998 Recodification Citation: 27-12-4-1.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.6; P.L.182-2016, SEC.5.
IN Code § 34-18-4-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 4. Establishment of Financial Responsibility|34-18-4-2. Security; Manner of Holding; Withdrawal

Sec. 2. Security provided under section 1(2) of this chapter may be held in any manner mutually agreeable to the commissioner and the health care provider. The agreement must provide that the principal may not be withdrawn before receiving the written permission of the commissioner. However, any interest earned may be withdrawn at any time by the health care provider.[Pre-1998 Recodification Citation: 27-12-4-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-4-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 4. Establishment of Financial Responsibility|34-18-4-3. Hospital Bed Size Determined by Health Department

Sec. 3. For the purposes of section 1 of this chapter, the bed size of a hospital shall be considered to be the bed size published annually by the state department of health.[Pre-1998 Recodification Citation: 27-12-4-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-4-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 4. Establishment of Financial Responsibility|34-18-4-4. Partners and Members of Professional Corporations

Sec. 4. To establish financial responsibility under this chapter, each individual who is a member of a partnership or professional corporation must establish financial responsibility separate from the partnership or professional corporation, as well as pay the surcharge required under IC 34-18-5. However, this section does not require a health care provider to qualify under this article.[Pre-1998 Recodification Citation: 27-12-4-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-5-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 5. Surcharge|34-18-5-1. Annual Surcharge on Health Care Providers

Sec. 1. To create a source of money for the patient's compensation fund, an annual surcharge shall be levied on all health care providers in Indiana.[Pre-1998 Recodification Citation: 27-12-5-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-5-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 5. Surcharge|34-18-5-3. Collection of Surcharge; Time for Payment

Sec. 3. (a) The surcharge shall be collected on the same basis as premiums by each insurer, risk manager, or surplus lines producer.(b) The surcharge is due and payable within thirty (30) days after the premium for malpractice liability insurance has been received by the insurer, risk manager, or surplus lines producer from a health care provider in Indiana. If a surcharge is not paid as required by this section, the insurer, risk manager, or surplus lines producer responsible for the delinquency is liable for the surcharge plus a penalty equal to ten percent (10%) of the amount of the surcharge.(c) If the annual premium surcharge is not paid within the time limit specified in subsection (b), the certificate of authority of the insurer, risk manager, and surplus lines producer shall be suspended until the annual premium surcharge is paid.[Pre-1998 Recodification Citation: 27-12-5-3.]As added by P.L.1-1998, SEC.13. Amended by P.L.178-2003, SEC.96.
IN Code § 34-18-5-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 5. Surcharge|34-18-5-4. Adoption of Rules; Comparability of Rates

Sec. 4. (a) The commissioner may adopt rules establishing the following:(1) The manner of determination of the surcharge for a health care provider that establishes financial responsibility in a way other than by a policy of malpractice liability insurance.(2) The manner of payment of the surcharge by such a health care provider.(b) The surcharge calculation established under subsection (a) must provide comparability in rates for insured and self-insured hospitals. This surcharge may not exceed the surcharge that would be charged by the residual authority if the health care provider electing to establish financial responsibility in this manner had applied to the residual authority for insurance.[Pre-1998 Recodification Citation: 27-12-5-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-6-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-1. Creation of Fund

Sec. 1. (a) The patient's compensation fund is created to be collected and received by the commissioner for exclusive use for the purposes stated in this article.(b) The fund and any income from the fund shall be held in trust, deposited in a segregated account, invested, and reinvested by the commissioner as authorized by IC 27-1-13 and does not become a part of the state general fund.(c) Proceeds of the annual surcharge levied on all health care providers in Indiana under IC 34-18-5 shall be deposited in the fund.[Pre-1998 Recodification Citation: 27-12-6-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-6-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-2. Protection of Fund; Legal Services; Expenses

Sec. 2. (a) The commissioner, using money from the fund, as considered necessary, appropriate, or desirable, may purchase or retain the services of persons, firms, and corporations to aid in protecting the fund against claims. The commissioner shall retain the services of counsel described in subsection (b) to represent the department when a trial court determination will be necessary to resolve a claim against the patient's compensation fund.(b) When retaining legal services under subsection (a), the commissioner shall retain competent and experienced legal counsel licensed to practice law in Indiana to assist in litigation or other matters pertaining to the fund.(c) The commissioner has sole authority for the following:(1) Making a decision regarding the settlement of a claim against the patient compensation fund.(2) Determining the reasonableness of any fee submitted to the department of insurance by an attorney who defends the patient compensation fund under this section.(d) All expenses of collecting, protecting, and administering the fund shall be paid from the fund.[Pre-1998 Recodification Citation: 27-12-6-2.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.8.
IN Code § 34-18-6-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-4. Payment of Claims; Time for Payment

Sec. 4. (a) Claims for payment from the patient's compensation fund must be computed and paid not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment.(b) If the balance in the fund is insufficient to pay in full all claims that have become final during a three (3) month period, the amount paid to each claimant must be prorated. Any amount left unpaid as a result of the proration must be paid before the payment of claims that become final during the following three (3) month period.[Pre-1998 Recodification Citation: 27-12-6-4.]As added by P.L.1-1998, SEC.13. Amended by P.L.18-2014, SEC.1; P.L.182-2016, SEC.6.
IN Code § 34-18-6-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-5. Warrant for Payment From Fund; Vouchers

Sec. 5. The auditor of state shall issue a warrant in the amount of each claim submitted to the auditor against the fund not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment. The only claim against the fund shall be a voucher or other appropriate request by the commissioner after the commissioner receives:(1) a certified copy of a final nonappealable judgment against a health care provider; or(2) a certified copy of a court approved settlement against a health care provider.[Pre-1998 Recodification Citation: 27-12-6-5.]As added by P.L.1-1998, SEC.13. Amended by P.L.18-2014, SEC.2; P.L.182-2016, SEC.7.
IN Code § 34-18-6-6 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-6. Processing of Claims; Conditions of Payment; Settlement

Sec. 6. (a) If an annual aggregate for a health care provider qualified under this article has been paid by or on behalf of the health care provider, all amounts that may subsequently become due and payable to a claimant arising out of an act of malpractice of the health care provider occurring during the year in which the annual aggregate was exhausted shall be paid from the patient's compensation fund under the following terms and conditions:(1) A health care provider whose annual aggregate has been exhausted has no right to object to or refuse permission to settle such a claim.(2) If a health care provider or the commissioner and claimant agree on a settlement, the following procedure must be followed:(A) A petition shall be filed by the claimant with the court in which the action is pending against the health care provider or, if none is pending, in the circuit or superior court of Marion County, seeking approval of the agreed settlement.(B) A copy of the petition shall be served on the commissioner and the health care provider at least ten (10) days before filing and must contain sufficient information to inform the other parties about the nature of the claim and the amount of the proposed settlement.(C) The commissioner may agree to the settlement, or the commissioner may file written objections to the settlement. The agreement or objections shall be filed within twenty (20) days after the petition is filed.(D) The judge of the court in which the petition is filed shall set the petition for approval or, if objections have been filed, for hearing, as soon as practicable. The court shall give notice of the hearing to the claimant, the health care provider, and the commissioner.(E) At the hearing the commissioner, the claimant, and the health care provider may introduce relevant evidence to enable the court to determine whether or not the petition should be approved if the evidence is submitted on agreement without objections. If the commissioner and the claimant cannot agree on the amount, if any, to be paid out of the patient's compensation fund, the court shall determine the amount for which the fund is liable and render a finding and judgment accordingly. In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liability of the health care provider as admitted and established.(F) A settlement approved by the court may not be appealed. A judgment of the court fixing damages recoverable in a contested proceeding is appealable under the rules governing appeals in other civil cases tried by the court.(b) The commissioner may adopt rules under IC 4-22-2 implementing this section.[Pre-1998 Recodification Citation: 27-12-6-6.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-6-7 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 6. Patient's Compensation Fund|34-18-6-7. Exemptions From State Procurement Statutes

Sec. 7. The following are exempt from IC 5-22 governing state purchasing:(1) Technical contractual personnel and services retained by the commissioner for protecting and administering the patient's compensation fund.(2) Purchasing of annuities for structuring settlements from the patient's compensation fund or in combination with the patient's compensation fund and the health care provider's insurer.[Pre-1998 Recodification Citation: 27-12-6-7.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-7-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 7. Statute of Limitations|34-18-7-1. Limitations Period

Sec. 1. (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c).(b) A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor's eighth birthday to file.(c) If a patient meets the criteria stated in IC 34-18-8-6(c), the applicable limitations period is equal to the period that would otherwise apply to the patient under subsection (b) (or IC 27-12-7-1(b) before its repeal) plus one hundred eighty (180) days.[Pre-1998 Recodification Citation: 27-12-7-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-7-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 7. Statute of Limitations|34-18-7-2. Time for Filing Claim; Those Under Legal Disability

Sec. 2. Notwithstanding IC 34-18-1-1, any claim, whether in contract or tort, by a minor or other person under legal disability against a health care provider stemming from professional services or health care provided based on an alleged act, omission, or neglect that occurred before July 1, 1975, shall be brought only within the longer of the following:(1) Two (2) years after July 1, 1975.(2) The period described in section 1 of this chapter.[Pre-1998 Recodification Citation: 27-12-7-2.]As added by P.L.1-1998, SEC.13.