Current through Register Vol. 50, No. 9, September 20, 2024
A.
Through its executive director, the board shall be responsible for the
administration and processing of claims against and legal defense of claims
against the fund. The executive director shall be responsible, and accountable
to the board, for coordination and management of defense of the fund against
claims to the extent of the responsibilities imposed on the board by the Act .
Without limitation on the scope of such responsibility, the executive director
shall be responsible for:
1. evaluating all
malpractice claims made under the Act against enrolled health care providers to
the potential liability of the fund;
2. recommending, fixing, establishing, and
periodically modifying, as required, appropriate reserves against claims made
against enrolled health care providers or the fund, subject to the approval of
the board;
3. retaining, subject to
qualifications and standards prescribed by the board, and supervising the
services of attorneys at law to defend the fund against claims;
4. review and approval of fee and costs
statements for services rendered by attorneys at law retained to defend the
fund, ensuring that such statements accurately reflect services reasonably
necessary or appropriate to the defense of the fund;
5. supervision and coordination of the
defense of claims against or involving the fund by attorneys retained and
representing enrolled health care providers;
6. negotiating and recommending reasonable
and appropriate compromises and settlements of the fund's liability respecting
any claim against the fund;
7.
maintenance of current, accurate, and complete records and data on all pending
and concluded claims against or involving the fund;
8. retaining an appropriately qualified
claims manager or principal assistant and delegating to such claims manager
those duties and responsibilities as deemed appropriate by the executive
director; and
9. the discharge and
performance of such other duties, responsibilities, functions, and activities
as are delegated by the board.
B. All authority for the defense of the fund
vested in the board by the Act is hereby delegated to the executive director.
In the exercise of such authority, the executive director shall be accountable
to, and subject to the superseding authority of, the board.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
40:1299.44(D)(3).
