Code of Maryland Regulations
Title 31 - MARYLAND INSURANCE ADMINISTRATION
Subtitle 08 - PROPERTY AND CASUALTY INSURANCE
Chapter 31.08.10 - Medical Professional Insurers Online Claim Survey Reporting Requirements
Section 31.08.10.04 - Required Information

Universal Citation: MD Code Reg 31.08.10.04

Current through Register Vol. 51, No. 6, March 22, 2024

The following information shall be reported on a closed claim survey form:

A. Name of insurer;

B. Name of insurer group;

C. Claim file identification (ID);

D. Name of person completing the form;

E. Telephone number, including area code, of person completing the form;

F. Date form completed;

G. Date of injury;

H. Date injury reported to insurer;

I. Date claim closed;

J. Whether the claim was previously reported;

K. Age of injured person at time of injury;

L. Gender of injured person at time of injury;

M. Type of injury, such as wrongful death, permanent disability, or other bodily injury;

N. Description of injury;

O. Name of health facility where injury occurred;

P. Type of medical professional liability policy, such as occurrence, claims made-basic, or claims made-tail;

Q. Type of patient, such as inpatient, emergency room outpatient, or other outpatient;

R. Physician Insurance Services Office Incorporated (ISO) classification or equivalent classification;

S. Type of health care provider, such as physician-no surgery, surgeon, psychiatrist and related specialties, nurse, nurse midwife, optometrist, pharmacist, chiropractor, podiatrist, psychologist, dentist, hospital, other health care facility, or nurse anesthetist;

T. Physician and surgeon classification, including name of specialty;

U. Health care provider name;

V. Health care provider license number;

W. Policy limits for each claim or medical incident;

X. Policy limits for annual aggregate;

Y. If known, the facility, office, or county where the injury occurred;

Z. Whether the claim is a zero payment claim file;

AA. Full name and location of the court where the suit was filed and the case was tried;

BB. Case or docket number;

CC. Whether settlement was reached or award was made at one of the following stages:

(1) Arbitration;

(2) Mediation before suit was filed;

(3) After suit was filed, but before trial;

(4) During trial, but before court verdict;

(5) Court verdict;

(6) After verdict; or

(7) After appeal was filed;

DD. If settlement was reached or award was made by court verdict, whether the result was:

(1) Directed verdict for plaintiff;

(2) Directed verdict for defendant;

(3) Judgment notwithstanding the verdict for plaintiff;

(4) Judgment notwithstanding the verdict for defendant;

(5) Judgment for plaintiff;

(6) Judgment for defendant;

(7) Judgment for plaintiff, after appeal;

(8) Judgment for defendant, after appeal; or

(9) Any other;

EE. If there was no final judgment or settlement, the date of the final disposition;

FF. If there was no final judgment or settlement, the reason for the final disposition;

GG. If case did go to trial, whether the case was tried by a jury or tried by a judge;

HH. Total amount paid to the claimant;

II. Amount paid by the insurer;

JJ. Amount paid by the insured due to retention or deductible;

KK. If known, the amount paid by an excess carrier;

LL. If known, the amount paid by the insured due to settlement or award in excess of policy limits, not including deductible or retention amounts;

MM. If known, the amount paid by the insurer due to settlement or award in excess of policy limits, not including deductible or retention amounts;

NN. If known, the amount paid by other defendants or contributors;

OO. A summary of the occurrence from which the claim or action arose;

PP. A description of the misdiagnosis or alleged misdiagnosis made, if any, of the patient's actual condition;

QQ. A description of the procedure giving rise to the claim;

RR. A description of the principal injury giving rise to the claim;

SS. The amount of past medical expenses claimed by the plaintiff;

TT. The amount of future medical expenses claimed by the plaintiff;

UU. The amount of past lost wages claimed by the plaintiff;

VV. The amount of future lost wages claimed by the plaintiff;

WW. The amount of noneconomic damages claimed by the plaintiff;

XX. The amount of other damages claimed by the plaintiff;

YY. Whether a structured settlement or periodic payment was used, and if so:

(1) The amount of immediate payment;

(2) The present value of the projected total future payout, that is, the price of the annuity, if purchased;

(3) The projected total future payout; and

(4) The cost of the structure;

ZZ. If a neutral expert was used, the findings of a neutral expert witness regarding future medical expenses;

AAA. If a neutral expert was used, the findings of a neutral expert witness regarding future loss of earning;

BBB. If case was tried to verdict:

(1) The amount awarded for past medical expenses;

(2) The amount awarded for future medical expenses;

(3) The amount awarded for past lost wages;

(4) The amount awarded for future lost wages;

(5) The amount awarded for noneconomic damages; and

(6) The amount awarded for other damages;

CCC. The total allocated loss adjustment expense;

DDD. Of the total allocated loss adjustment expense, the amount representing fees paid to defense counsel;

EEE. Of the total allocated loss adjustment expense, the amount of expenses not included in the defense counsel fees;

FFF. Whether there was a claim made for extra contractual damages;

GGG. The amount claimed for extra contractual damages;

HHH. Whether a suit was filed or claim was made for extra contractual damages; and

III. Where the suit for the extra contractual damages claim was filed, including:

(1) The full name of the court where the suit was filed and the case was tried;

(2) The case number or docket number;

(3) Whether the claim settled or was tried;

(4) If tried, whether the trial was before a judge or jury;

(5) The amount paid for the extra contractual damages claim; and

(6) Whether the claim was previously reported to the Commissioner.

Disclaimer: These regulations may not be the most recent version. Maryland 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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