reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13135 - Accounting and Occurrence Meter Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The required accounting meters and related
				reporting as follows using the same or similar terminology:
1. coin in, which accumulates the total value
				of all wagers, whether the wagered amount results from the insertion of bills
				or vouchers or deduction from a credit meter;
2. coin out, which accumulates the total
				value of all amounts directly paid by the terminal as a result of winning
				wagers, whether the payback is made to a credit meter or any other
				means;
3. attendant paid jackpot,
				which accumulates the total value of credits paid by an attendant resulting
				from a single wager, in excess of thresholds established by the Internal
				Revenue Service reporting requirements, the amount of which results in Internal
				Revenue Service or applicable agency reporting;
4. attendant paid canceled credit, which
				accumulates the total value paid by an attendant resulting from a
				patron-initiated cashout or non-taxable winning wager that exceeds the physical
				or configured capability of the terminal to make the proper payout
				amount;
5. bill in, which
				accumulates the total value of currency accepted. Each wagering terminal shall
				have a specific occurrence meter for each denomination of currency accepted
				that records the number of bills accepted of each denomination;
6. voucher in, which accumulates the total
				value of all wagering terminal vouchers accepted by the device;
7. voucher out, which accumulates the total
				value of all wagering terminal vouchers issued by the device;
8. noncashable electronic promotion in, which
				accumulates the total value of noncashable credits from vouchers accepted by
				the terminal;
9. cashable
				electronic promotion in, which accumulates the total value of cashable credits
				from vouchers accepted by the terminal;
10. noncashable electronic promotion out,
				which accumulates the total value of noncashable credits issued to vouchers by
				the device; and
11. cashable
				electronic promotion out, which accumulates the total value of cashable credits
				issued to vouchers by the device.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13137 - Required Reports for Wagering on Historical Horse Races; Audit and Inspection by the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				systems used for pari-mutuel wagering on historical horse races shall provide
				financial reports for individual approved wager model configurations and total
				pool amounts for each pool. Reports shall be available at the end of the
				wagering day or upon request by the commission with information current since
				the end of the last wagering day. The reports shall include:
1. current values of each pari-mutuel
				wagering pool;
2. total amounts
				wagered for all pools;
3. total
				amounts won by patrons for all pools;
4. total commission withheld for all
				pools;
5. total breakage for all
				pools, where applicable;
6. total
				amount wagered at each terminal;
7.
				total amount won by patrons at a terminal;
8. the amount wagered on each mathematical
				model configuration and the amount won from each mathematical model
				configuration offered at a terminal;
9. total amount of each type of financial
				instrument inserted into a terminal;
10. total amount cashed out in voucher or
				handpays at a terminal; and
11.
				taxable win events including:
a. time and date
				of win;
b. wagering terminal
				identification number;
c. amount
				wagered resulting in taxable win; and
d. taxable amount won.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13139 - Equipment and Laboratory Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each association shall provide for a nationally recognized, independent testing
				laboratory approved by the commission to submit to the commission a general
				functional evaluation laboratory report regarding the hardware and software
				installed on each historical horse racing terminal and the software on each
				historical horse racing app indicating whether same is in compliance with
				applicable law and regulations.
B.
				Any alterations, modifications, or updates to the software or hardware on any
				historical horse racing terminal or the software on any historical horse racing
				app shall require the vendor to submit to the commission a new laboratory
				report as required under Subsection A of this Section before the wagering
				configuration may be used for play at an establishment.
C. If there is a complete breakdown of a
				terminal offering wagering on historical horse racing, the association offering
				the wager shall make a full refund of the patron's balance on the terminal at
				the time of the breakdown.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13141 - Minimum Wagers and Payouts

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				minimum wager to be accepted by an association on a wager based on the outcome
				of a historical horse race or races shall be $0.10. The minimum payout on any
				wager shall not be less than the amount wagered.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13143 - Odds and Payouts Posted

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				wagering on historical horse races, approximate odds or payouts for each
				pari-mutuel pool shall be posted or made available on each terminal for viewing
				by patrons.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13145 - Betting Explanation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				association shall post, in conspicuous places in the designated area, a general
				explanation of pari-mutuel wagering offered on historical horse races and an
				explanation of each pari-mutuel pool offered. The explanation shall be
				submitted to the commission for approval prior to its posting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13147 - Wagering Terminal Historical Horse Race Display

Current through Register Vol. 50, No. 6, June 20, 2024
A. All wagering terminals shall have video
				displays that clearly identify the entertaining theme, if any, being used to
				offer pari-mutuel wagering on historical horse racing. The video display shall
				make available the rules of the historical horse racing wager and the award
				that will be paid to the patron when the patron obtains a specific
				win.
B. All paytable information,
				rules of play, and help screen information shall be available to a patron prior
				to placing a wager.
C. All wagering
				terminals shall have video displays that make available to the patron the rules
				of any features or interactive functions that may occur on the patron interface
				as part of the entertaining display of the wager and its outcome. The video
				displays shall:
1. clearly identify the
				entertaining theme, if any, being used to offer pari-mutuel wagering on
				historical horse racing;
2. make
				the following information available to the patron:
a. all paytable information, rules of play,
				and help screen information;
b. the
				award that will be paid to the patron when the patron obtains a specific win;
				and
c. the rules of any features or
				interactive functions that may occur as part of the entertaining display of the
				wager and its outcome;
3.
				provide the race data in a reasonable manner as to not discourage patrons who
				wish to handicap from doing so; and
4. allows the patron to compare their picks
				against the true order of finish.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13149 - Access by Commission and Agents of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each association shall allow the
				commission and the agents of the commission unrestricted access to inspect the
				entire premises wherein historical horse racing is being conducted at any time
				to ensure that the
Rules of Racing
are being followed, this
				shall include the unrestricted access to inspect and test any mechanical,
				electrical, or electronic devices thereon being utilized or capable of being
				utilized by the association for historical horse racing.
B. Subject to the authority of the executive
				director, the commission may at any time enter into memoranda of understanding
				with other racing jurisdictions to share historical horse racing investigatory
				findings, documents, and materials.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13151 - Required Audits and Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Terminals shall have the ability to allow
				for an independent integrity check of all software that may affect the
				integrity of the wagering system. The integrity check shall be performed by an
				independent testing laboratory approved by the commission.
B. The independent testing laboratory's
				software may be embedded within the wagering software, utilize an interface
				port to communicate with the terminal, or require the removal of terminal media
				for external verification.
C. Each
				terminal used for wagering on historical horse races shall be tested by the
				independent testing laboratory to ensure its integrity and proper working
				order. This evaluation shall include a review of installed software prior to
				implementation and periodically within a timeframe established by the
				commission.
D. The licensee shall
				pay the cost of the independent testing laboratory's review and testing, and
				the reports of the same shall be delivered to the licensee and the
				commission.
E. To ensure the
				integrity of pari-mutuel wagering and validity of the race results, the
				licensee shall permit an integrity auditor, selected and paid for by the
				commission, complete access to review and monitor the integrity, security, and
				operation, including all race and handicapping data used in order to detect any
				compromise of or anomalies that would allow a player to have an unfair
				advantage.
F. The integrity auditor
				shall be in a position to extract actual data and use a statistically
				significant portion of this data applied to quality assurance testing and
				assess the validity of the vendor's management reporting by cross-referencing
				to a body of raw source information to determine correctness. The integrity
				auditor shall have experience and expertise involving all components of
				pari-mutuel wagering and totalizator systems.
G. The integrity auditor will collect and
				provide wagering data and reports from the licensee's vendor. This shall
				include pari-mutuel commission and liability reports for analysis and
				verification of the amounts wagered, payouts, takeout, and taxes in addition to
				all transactional data logs and reports daily as specified by the integrity
				auditor.
H. The licensee shall
				provide access to the integrity auditor to conduct periodic onsite inspections
				and terminal audits at licensed racetracks and satellite wagering facilities
				with assistance from the vendor. The licensee shall notify of any adverse or
				unusual occurrences relating to the operation of play or payouts to the
				integrity auditor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S. 4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 3 - Auditing and Statistics › Section I-301 - Auditing and Statistics

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  exposure data requested by the Office of Risk Management (ORM) are to be
				  submitted in a timely manner and in the form specified. The exposures may
				  include, but are not limited to:
1.
				  payroll;
2. maritime
				  payroll;
3. number of board and
				  commission members;
4. mileage of
				  all licensed vehicles which are state-owned or leased, and all mileage on
				  personal vehicles driven in the course and scope of state employment;
5. number of licensed vehicles;
6. acquisition or appraised value of property
				  including, but not limited to, buildings, improvements, and inventory (includes
				  contents, all equipment including mobile equipment and watercraft 26 feet and
				  under), and boiler and machinery;
7. medical malpractice exposures including,
				  but not limited to, patient days, clinic visits, emergency room visits, number
				  of residents/ interns, and miscellaneous categories;
8. number of employees, and miscellaneous or
				  special classes not falling within these definitions as required.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 5 - Billing › Section I-501 - Billing and Collection of Insurance Premiums

Current through Register Vol. 50, No. 6, June 20, 2024
A. After an agency receives a billing invoice
				  from the Office of Risk Management for payment of insurance premiums, the
				  agency is to render payment in full within 30 days from the billing
				  date.
B. Every agency shall timely
				  pay premiums billed by the Office of Risk Management. In the event any agency
				  fails to pay any premiums due the Office of Risk Management within 120 days of
				  the effective date of the appropriated insurance coverages, the commissioner of
				  administration may upon request by the Office of Risk Management draw a warrant
				  against budgeted funds of any delinquent agency directing the treasurer to pay
				  the Office of Risk Management for the unpaid premiums. If an agency is a
				  non-depository agency, the commissioner of administration may direct the head
				  of such agency to render payment of insurance premiums due and owing to the
				  Office of Risk Management.
C. All
				  billing inquiries are to be directed to the Office of Risk Management,
				  Accounting Unit, Accounts Receivable Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527, et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-701 - Reporting of Property Damage Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states..."you must see to it that we are notified as soon as practicable of an
				  "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. The state of Louisiana provides insurance
				  coverage for damage to state-owned property which includes damage to buildings
				  and improvements, contents, inventories, mobile equipment, heating and air
				  conditioning systems, and marine hulls 26 feet and under.
C. All claims for damage to property owned by
				  the state are to be reported to the Office of Risk Management's Property Claim
				  Unit in writing. If a loss or claim is serious in nature, it is to be reported
				  by telephone to the Office of Risk Management's Property Claim Unit.
D. Claims are to be submitted, in writing, to
				  the Office of Risk Management, P.O. Box 91106, Baton Rouge, LA
				  70821-9106.
E. Information required
				  to be submitted when a claim is reported to the Office of Risk Management's
				  Property Claim Unit includes the following:
1. name of insured, location of property or
				  unit;
2. date of loss;
3. description of loss;
4. location of item, state building
				  ID/property control tag number;
5.
				  size, model, and serial number of item, if applicable;
6. name of person reporting claim, listing
				  job title, and telephone number; and
7. proof of ownership.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-703 - Reporting of Boiler and Machinery Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states: "...you must see to it that we are notified as soon as practicable of
				  an "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. The state of Louisiana provides insurance
				  coverage for bodily injury and third party property damage claims where such
				  losses result from state-owned boiler and machinery equipment, and for property
				  damage to state-owned boiler and machinery equipment.
C. All claims for damage to boiler and
				  machinery equipment are to be reported to the Office of Risk Management's
				  Property Claim Unit in writing. Any claim involving bodily injury is to be
				  reported by telephone to the Office of Risk Management's Property Claims
				  Unit.
D. Claims are to be submitted
				  in writing to the Office of Risk Management, P.O. Box 91106, Baton Rouge, LA
				  70821-9106.
E. Information required
				  to be submitted when a claim is reported to the Office of Risk Management's
				  Property Claim Unit includes the following:
1. name of insured, location of property or
				  unit;
2. date of loss;
3. description of item, to include size,
				  model, serial number, and tonnage or capacity;
4. name, job title, and telephone number of
				  person reporting claim;
5. name and
				  phone number of person to be contacted by adjuster assigned by ORM.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-705 - Reporting of Comprehensive General Liability Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states: "...you must see to it that we are notified as soon as practicable of
				  an "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. The state of Louisiana provides
				  comprehensive general liability coverage for bodily injury and property damage
				  claims resulting from operations for which the agency could be held legally
				  liable.
C. All general liability
				  claims are to be submitted, in writing, to the Office of Risk Management on a
				  General Liability Claim Reporting Form or in a narrative format. The General
				  Liability Claim Reporting Form can be found on the Office of Risk Management's
				  web site, www.doa.louisiana.gov/orm. [File Link Not Available]
D. Claims are to be submitted, in writing, to
				  the Office of Risk Management, P.O. Box 91106, Baton Rouge, LA
				  70821-9106.
E. If a loss is serious
				  in nature, it is to be reported by telephone to the Office of Risk Management
				  for review to determine if coverage is applicable.
F. Claims which are made against a state
				  agency by a third party are to be submitted to the Office of Risk Management
				  for review to determine if coverage is applicable.
G. All lawsuits, demands, notices, summons,
				  or other legal documents pertaining to a claim against a state agency are to be
				  forwarded immediately to the Office of Risk Management's Claim Office for
				  further handling.
H. Any objects
				  and/or products which may have caused, contributed to, or which are suspected
				  of causing an accident are to be removed from service, retained and preserved
				  as evidence.
I. If a loss occurs or
				  a claim arises the agency is not to assume any obligation or incur any expenses
				  without authority from the Office of Risk Management.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527, et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-711 - Reporting of Aviation Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  claims must be reported as soon as possible, but no later than the prescription
				  period outlined in Book III, Title 24, Chapter 4 of the Louisiana Civil Code.
				  In most cases, prescription periods are one year. ORM will pay only for covered
				  losses reported before one year from the date of the accident or discovery
				  date. Policy language clearly states: "...you must see to it that we are
				  notified as soon as practicable of an "occurrence" or an offense which may
				  result in a claim." Failure to report potential claims as soon as possible
				  severely limits the ability of ORM to investigate the facts and may compromise
				  the state's legal rights to subrogation from a responsible third
				  party.
B. The state of Louisiana
				  provides insurance coverage for aviation losses which includes liability and
				  hull coverage. All claims are to be reported to the Office of Risk Management's
				  Transportation Claims Unit.
C.
				  Claims are to be submitted within 48 hours after an accident/incident to the
				  Office of Risk Management, Transportation Unit, P.O. Box 91106, Baton Rouge, LA
				  70821-9106 on the Aviation Accident Report form furnished by the Office of Risk
				  Management. Please contact the transportation unit supervisor for these
				  forms.
D. All lawsuits, demands,
				  notices, summons, or other legal documents pertaining to a claim against a
				  state agency are to be forwarded immediately to the Office of Risk Management's
				  Transportation Claims Unit for further handling.
E. Any objects and/or products which may have
				  caused, contributed to, or which are suspected of causing an accident are to be
				  retained and preserved as evidence.
F. If a loss occurs or a claim arises, the
				  agency is not to assume any obligations or incur any expenses without authority
				  from the Office of Risk Management.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527, et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-713 - Reporting of Wet Marine Claims (Over 26 Feet)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states: "...you must see to it that we are notified as soon as practicable of
				  an "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. The state of Louisiana provides insurance
				  for liability and hull damage for marine vessels over 26 feet in
				  length.
C. All claims involving
				  vessels in excess of 26 feet are to be reported, in writing, to the Office of
				  Risk Management's Transportation Unit. All bodily injury claims are to be
				  reported by telephone to the Office of Risk Management's Transportation
				  Unit.
D. Claims are to be submitted
				  in writing within 48 hours after an accident/incident to the Office of Risk
				  Management, Transportation Unit, P.O. Box 91106, Baton Rouge, LA
				  70821-9106.
E.
1. Information required to be submitted when
				  a claim is reported to the Office of Risk Management's Transportation Unit
				  includes the following:
a. complete
				  description of vessel, including hull identification and coast guard
				  certificate number;
b. name of
				  captain or master and passengers;
c. exact location of incident;
d. date and time of incident;
e. names and addresses of third parties
				  involved if known;
f. description
				  of damages;
g. contact persons who
				  can assist in investigation;
h.
				  circumstances surrounding and/or cause of accident.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-715 - Reporting of Bond and Crime Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states: "...you must see to it that we are notified as soon as practicable of
				  an "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. The state of Louisiana provides insurance
				  coverage for bond and crime which includes performance, money and securities.
				  All claims are to be reported, in writing, to the Office of Risk Management's
				  Property Claims Unit, P.O. Box 91106, Baton Rouge, LA 70821-9106.
C. Information required to be submitted
				  includes the following:
1. name of insured
				  agency;
2. date of loss;
3. location of loss;
4. circumstances surrounding the
				  occurrence;
5. approximate value of
				  loss; and
6. name of person
				  reporting claim, listing job title and telephone number.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-717 - Reporting of Medical Malpractice Liability Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. All claims must be reported as soon as
				  possible, but no later than the prescription period outlined in Book III, Title
				  24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods
				  are one year. ORM will pay only for covered losses reported before one year
				  from the date of the accident or discovery date. Policy language clearly
				  states: "...you must see to it that we are notified as soon as practicable of
				  an "occurrence" or an offense which may result in a claim." Failure to report
				  potential claims as soon as possible severely limits the ability of ORM to
				  investigate the facts and may compromise the state's legal rights to
				  subrogation from a responsible third party.
B. Prior to July 1, 1988 the state of
				  Louisiana provided medical malpractice coverage in accordance with the
				  provision of
				  R.S.
				  40:1299.39 which details coverage and
				  liability provisions. Effective July 1, 1988, the state of Louisiana became
				  self-insured for medical malpractice. Medical malpractice coverage is extended
				  to state health care facilities and individuals acting in a professional
				  capacity in providing health care services by or on behalf of the state,
				  including medical, surgical, dental, or nursery treatment of
				  patients.
C. Coverage excludes the
				  following:
1. premises liability;
2. bodily injury to employees arising out of
				  employment by the insured;
3. all
				  obligations under worker's compensation or similar laws; and
4. bodily injury in handling or maintenance
				  of automobiles, aircraft, watercraft, or transportation of mobile equipment by
				  an auto owned, operated, rented, or loaned to any insured.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 7 - Reporting of Claims › Section I-721 - Claims Unit Contacts

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  further information on reporting a claim or requesting information regarding a
				  specific claim, contact the Office of Risk Management, in writing, at P.O. Box
				  91106, Capitol Station, Baton Rouge, LA 70821-9106 or telephone the appropriate
				  claims unit.
Unit
Contact the following Telephone Number(s)
Claims-Administrative
(225) 219-0012 or
(225) 219-0168
Property
(225) 342-8399
1. Buildings and Improvements. Contents and
								equipment, excluding boiler and machinery.
2. Boiler and Machinery
3. Bonds and Crime
Transportation
(225) 342-8466
1. Auto Liability
2. Automobile Comprehensive and Collision
3. Aviation
4. Wet Marine
General Liability-All Comprehensive General
								Liability
(225) 342-8463
Medical Malpractice
(225) 342-8442
(225) 219-0868
Workers' Compensation
(225) 342-7390 or
(225) 342-8451 or
(225) 342-8458 or
(318) 487-5411
1. Statutory and Employer's Liability
2. Maritime Compensation
Road and Bridge Hazards-All Road and Bridge
								Hazards
(225) 342-5441 or
(225) 219-4846
Subrogation
(225) 342-8446
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527 et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 11 - Rulemaking Petitions › Section I-1101 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In accordance with
				  R.S.
				  49:953(C)(1), any interested
				  person may petition an agency to adopt a new rule, or to amend or repeal an
				  existing rule.
B. To petition an
				  agency within the Division of Administration for changes to the agencys current
				  rules, or for the adoption of new rules within the agencys purview, an
				  interested person shall submit a written petition to the Division of
				  Administration, Office of the Commissioner. The petition shall include:
1. the petitioner's name and
				  address;
2. the name of the
				  promulgating agency for the rule in question;
3. specific text or a description of the
				  proposed language desired for the adoption or amendment of a rule, or the
				  specific rule and language identified for repeal;
4. justification for the proposed action;
				  and
5. the petitioner's
				  signature.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 1 - Insurance and Related Matters › Chapter 11 - Rulemaking Petitions › Section I-1103 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon receipt, a rulemaking petition shall be forwarded to the promulgating
				  agency for review.
B. Within 90
				  days of receipt of the rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a
				  new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the
				  denial to proceed with rulemaking, stating the reason(s) therefore.
Louisiana Administrative Code › Title 37 - INSURANCE › Part I - Insurance and Related Matter › Subpart 2 - Worker's Compensation Fee Schedule › Chapter 25 - Fees › Section I-2501 - Fee Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  director, Office of Risk Management, Division of Administration, pursuant to
				  notice of intent published December 20, 1987, and pursuant to provisions of
				  R.S.
				  23:1034.2 and
				  R.S.
				  39:1527 et seq., adopted effective April 1,
				  1988 a fee schedule for medical, surgical, and hospital services due under the
				  Louisiana Worker's Compensation Act, R.S. 23:1021-1361, and which arise in the
				  state self-insured worker's compensation cases. Effective, July 1, 1994, the
				  Office of Risk Management began utilizing the medical fee schedule promulgated
				  by the Office of Workers' Compensation in accordance with
				  R.S.
				  23:1034.2.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:1527 et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 1 - General Provisions › Section III-101 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				Part III provide for and govern the organization, administration, and defense
				of the Patient's Compensation Fund (the fund or PCF) by the Louisiana Patient's
				Compensation Fund Oversight Board (the board), within the Division of
				Administration; the requirements and procedures for enrollment with the fund by
				qualified health care providers; the maintenance of required financial
				responsibility and continuing enrollment with the fund by enrolled health care
				providers; record keeping, accounting, and reporting of claims and claims data
				by the fund and enrolled health care providers; and defense of the fund and the
				payment of judgments, settlements and arbitration awards by the fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 1 - General Provisions › Section III-103 - Source and Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				rules are promulgated by the board to provide for and implement its authority
				and responsibility to administer and defend the Patients' Compensation Fund
				pursuant to the Louisiana Medical Malpractice Act (the Act),
				R.S.
				40:1299.41-1299.48.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 1 - General Provisions › Section III-105 - Patients' Compensation Fund: Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Patient's Compensation Fund is a
				special fund established by
				R.S.
				40:1299.44, funded by surcharges paid by
				private health care providers enrolled with the fund, to provide just
				compensation to patients suffering loss, damages, or expense as the result of
				professional malpractice in the provision of health care by health care
				providers enrolled with the fund, as provided by and subject to the limitations
				of
				R.S.
				40:1299.42. Such fund, therefore, comprises
				monies held in trust as a custodial fund by the board for the use, benefit, and
				protection of medical malpractice claimants and the fund's private health care
				provider members. Responsibility and authority for administration and operation
				of the fund including, but not limited to, the evaluating, establishing
				reserves against, defending, and settling claims against the fund, establishing
				surcharge rates or rate changes on the basis of annual actuarial studies, and
				administering medical review panel proceedings under
				R.S.
				40:1299.47, is vested in the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 1 - General Provisions › Section III-107 - Purpose and Objective of Rules; Construction, Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules are adopted and promulgated to
				ensure that the Patients' Compensation Fund is organized, administered, and
				operated on a financially and actuarially sound basis so as to achieve the
				purpose for which it was established, by providing that qualification for
				enrollment is based on sound and realistic standards of financial
				responsibility; that the fund and its surcharge rates are adequate for the
				risks assumed; that surcharges are timely collected; that surcharge rate
				filings are based on reasonably current and complete claims experience data;
				that actual and potential claims against the fund are timely reported; that
				reserves against claims are properly established; that the fund is properly
				defended against improper, unjustified, and excessive claims; and that the fund
				is responsible and accountable to the patients for whose benefit it exists and
				to its enrolled health care providers. These rules shall be construed,
				interpreted, and applied so as to achieve such purposes and
				objectives.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 1 - General Provisions › Section III-113 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of these rules, or the application or enforcement thereof, is held invalid,
				such invalidity shall not affect other provisions or applications of these
				rules which can be given effect without the invalid provisions or applications,
				and to this end the several provisions of these rules are hereby declared
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 3 - Organization, Functions, Delegations of Authority, and Disability Accommodations › Section III-301 - Board Organization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before
				taking office, each member of the board duly appointed by the governor shall
				subscribe before a notary public, and cause to be filed with the secretary of
				the board, an oath in substantially the following form:
I HEREBY SOLEMNLY SWEAR AND AFFIRM that I accept the trust
				  imposed on me as a member of the Patients' Compensation Fund Oversight Board,
				  and will perform the duties imposed on me as such by the laws of the state of
				  Louisiana to the best of my ability and without partiality or favoritism to any
				  constituency, group or interests which I may individually represent or with
				  whom I may personally be associated.
B. The board shall annually, at its first
				meeting following the first day of July of each year, elect from among its
				members as a chairman, a vice-chairman, and a secretary, each of whom shall
				serve in such office until their successors are duly elected. The board may
				elect a successor chairman or secretary at any time that the incumbent of such
				office resigns from such office or by death or disability becomes incapacitated
				from discharging the responsibilities of such office.
C. Meetings of the board shall be noticed,
				convened, and held not less frequently than quarterly during each calendar year
				and otherwise at the call of the chairman or on the written petition for a
				meeting signed by not less than that number of board members constituting a
				quorum of the board. Meetings of the board shall be held on such date and at
				such time and place as may be designated by the chairman, or in default of
				designation by the chairman, by agreement of a quorum of the board.
D. Five members of the board shall constitute
				a quorum for all purposes, including the call and conduct of meetings, the
				rulemaking functions of the board, and the exercise of all other powers and
				authorities conferred on the board by law. No member of the board may be
				represented by proxy at any meeting of the board or otherwise vote or act on or
				participate in the affairs of the board by proxy. Except as may be otherwise
				provided by law or by the policies of the board, all actions which the board is
				empowered by law to take shall be effected by vote of not less than a majority
				of the members of the board present at a meeting of the board at which a quorum
				is present.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 3 - Organization, Functions, Delegations of Authority, and Disability Accommodations › Section III-302 - Disability Accommodations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				person with a disability is defined as any of the following:
1. a member of the public or the board with a
				disability recognized by the ADA; or
2. a designated caregiver of such a
				person.
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 3 - Organization, Functions, Delegations of Authority, and Disability Accommodations › Section III-305 - Fund Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board is the custodian of all tangible and intangible property, assets, rights,
				and interests of the fund and the repository for all of the fund's records,
				files, information, and data. All furniture, fixtures, equipment, goods,
				supplies, files, records, information, data, computers, computer systems,
				software, and documentations, and any other tangible or intangible property,
				rights, or interests of whatsoever kind or nature purchased or acquired by,
				transferred or donated to, or developed or produced through the use of funds of
				the PCF, wheresoever or howsoever located or stored, shall be and remain the
				property of the fund. No property, rights, or interests of the fund shall be
				sold, transferred, assigned, or alienated by the fund except for compensation
				to the fund equal to or exceeding the reasonably estimated market value of any
				such property, rights, or interests and pursuant to the authorization of the
				executive director.
B. The board
				shall annually conduct and record an inventory of all of the property, assets,
				rights, and interests of the fund and shall at all times maintain a current,
				accurate, and complete schedule of the property, assets, rights, and interests
				of the fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 3 - Organization, Functions, Delegations of Authority, and Disability Accommodations › Section III-307 - Expenses of Administration and Defense

Current through Register Vol. 50, No. 6, June 20, 2024
A. All expenses incurred for, by, or on
				behalf of the executive director or the board in their administration,
				operation, and defense of the fund, pursuant to the Act and these rules, shall
				be borne by the fund, subject to the provision of these rules governing
				budgeting, accounting, and appropriation requests.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 5 - Enrollment with the Fund › Section III-501 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				Chapter 5 provide for and govern the qualifications, conditions, and procedures
				requisite to enrollment with the fund, demonstration and maintenance of
				financial responsibility, and termination or cancellation of
				enrollment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).
Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 5 - Enrollment with the Fund › Section III-503 - Basic Qualifications for Enrollment

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be eligible for enrollment with the
				fund, a person, professional corporation, professional partnership, or
				institution shall:
1. be a health care
				provider, as defined by the Act or by these rules, who or which is engaged in
				the provision of health care services within the state of Louisiana, and which
				is not organized solely or primarily for the purpose of qualifying for
				enrollment with the fund;
2.
				demonstrate and maintain, to the satisfaction of and in the manner specified by
				the executive director and in accordance with the standards prescribed by
				§503-511 hereof, or as otherwise provided by law, financial responsibility for,
				and with respect to, malpractice or professional liability claims asserted
				against the person or institution;
3. make application for enrollment upon forms
				prescribed and supplied by the executive director, pursuant to
				§513 of these rules; and
4. pay the applicable surcharges to the
				fund.