Louisiana Administrative Code
Title 37 - INSURANCE Part
Part III - Patient's Compensation Fund Oversight Board
Chapter 1 - General Provisions
Section III-105 - Patients' Compensation Fund: Description

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.