Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 7 - Surcharges › Section III-715 - Amount of Surcharges; Form of Coverage; Conversions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A health care provider qualified for
				enrollment by evidence of liability insurance pursuant to §505, or by evidence
				of participation in an approved self-insurance trust pursuant to §509, shall
				pay the most recently approved rate which is applicable to his provider type, years enrolled in the fund, and which most closely corresponds to the class and
				form of coverage of said primary liability insurance or self-insurance trust.
				The form of coverage provided by the board shall be identical to that provided
				by the qualifying policy of insurance or self-insurance except where the policy
				conflicts with applicable law or regulation.
B. A health care provider qualified for
				enrollment by evidence of self-insurance pursuant to
				§507 shall pay the most recently approve
				fund surcharge amount which is applicable to self-insured coverage and to his
				provider type. The form of coverage provided by the fund shall be self-insured
				coverage as defined in §109. A of these rules.
C.
1. When
				a health care provider who had previously purchased claims-made coverage from
				the board elects to purchase occurrence coverage from or discontinue enrollment
				in the fund, he shall not have coverage afforded by the fund for any claims
				arising from acts or omissions occurring during the fund's claims-made coverage
				but asserted after the termination of the claims- made coverage unless he
				evidences financial responsibility for those claims either by purchasing an
				extended reporting endorsement or posting a deposit with the board pursuant to
				§507 and pays, on or before 45 days
				following the termination of the claims-made coverage, the surcharge applicable
				to fund tail coverage for the corresponding claims-made period(s).
2. When a health care provider who had
				previously purchased claims-made coverage from the board elects to purchase
				self-insured coverage from the fund, he shall not have coverage afforded for
				any claims arising from acts or omissions occurring during the fund's
				claims-made coverage but asserted after the termination of the claims-made
				coverage, unless he evidences financial responsibility for those claims either
				by purchasing an extended reporting endorsement or posting a second deposit
				with the board pursuant to
				§507 and pays, on or before 45 days
				following the termination of the claims-made coverage, the surcharge applicable
				to fund tail coverage for the corresponding claims-made period(s).
3. In special circumstances, the executive
				director or board may, at its discretion, waive or defer the payment of an
				additional surcharge and allow tail coverage to a provider without the payment
				of the applicable surcharge. Each such case requires an individual written
				request for relief to the board, and will be decided on individual
				circumstances. The board's criteria for such decisions shall include, but not
				be limited to:
a. the reason for such
				request;
b. the length and basis of
				the provider's enrollment with the fund;
c. the potential claims liability to the
				fund;
d. the provider's intention
				to cease or continue to practice in Louisiana; and
e. the potential effects if the fund refuses
				to allow such relief.