Louisiana Administrative Code
Title 37 - INSURANCE Part
Part III - Patient's Compensation Fund Oversight Board
Chapter 19 - Future Medical Care and Related Benefits
Section III-1909 - Attorneys; Medical Experts ; Architects ; Adjusters

Universal Citation: LA Admin Code III-1909

Current through Register Vol. 50, No. 9, September 20, 2024

A.

1. An attorney chosen to represent the fund pursuant to §1907 shall be an independent contractor, shall meet all applicable requirements for an outside contractor retained by the state of Louisiana, and shall be chosen by the executive director or his designee. The attorney shall be licensed to practice law in the state of Louisiana.

2. Once a matter involving future medical care and related benefits is referred to an attorney, then the attorney shall be responsible for the matter to the extent of the assignment. The attorney shall issue status reports to the claims adjuster at least every 90 days until the matter is concluded.

3. The attorney chosen to represent the fund may recommend any and all possible remedies to the fund and may hire or retain experts, subject to prior approval by the fund. The attorney shall utilize legal staff, including paralegals, nurse/paramedical personnel, clerks, and investigators, where necessary. With prior approval from the claims supervisor, the attorney may appoint a case manager in cases where no case manager has been appointed.

B. Medical experts may be retained directly by the fund for evaluation, diagnosis, or with patient consent or by court order, for treatment of the patient. All medical experts retained by the fund shall be licensed or otherwise certified by the state of Louisiana. However, consulting physicians, licensed to practice in states other than Louisiana, may be retained by the fund only if they are board-certified in the applicable area of specialty.

C. Architects with special expertise in medical facility design, contractors, and other building trade experts may be retained directly by the fund in future medical care cases involving issues of residential modifications or renovations. Architects retained by the fund shall be licensed by the state of Louisiana. Contractors retained by the fund shall be licensed or certified as general contractors by the state of Louisiana. Architects and contractors retained by the fund shall also possess experience in the design and construction of medical facility and/or barrier free residences.

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1299.44(D)(3).

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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