PCF Summary of Medical Malpractice Legislation
Summary of Medical Malpractice Legislation
2010 -- Current
HCR 84 Effective: 08/15/2025
Authorizes and directs the La. State Law Institute to reorganize and recodify prior law, R.S. 40:1061-1300.426, which comprised the Miscellaneous Health Provisions chapter of Title 40 (Public Health and Safety) of the La. Revised Statutes, in accordance with the recodification plan proposed in this Resolution.
ACT 802 HB 766 |
Effective 08/01/2012 |
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Reduces the number of days from 45 to 30 for an insurer to remit the provider’s PCF payment to the PCF. Includes the need to send a copy of the petition for damages with the dilatory exception of prematurity the defense is mandated to send to the PCF; clarifies that a panel should be for only one patient; that an untimely remitted filing fee is to be returned/refunded; allows providers to raise peremptory exceptions of no right of action during the panel stage; and allows for dissolving the panel if court grants a no right of action. |
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ACT 538 SB 176 |
Effective: 06/05/2012 |
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Amends definition of malpractice to include legal responsibility of a health care provider arising from acts or omissions related to the existence, validity, or applicability of previously expressed wished of the patient or the patient’s surrogate concerning life-sustaining procedures and the validity and applications of a Declaration Concerning Life-Sustaining Procedures, Louisiana Physician Order for Scope of Treatment, or a Do Not Resuscitate order. |
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ACT 263 HB 267 and HB 341 |
Effective: 08/15/2011 |
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Protect the funds of the PCF from being appropriated and prevent the state from being liable for the debts of the fund. |
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ACT 160 HB 69 |
Effective: 08/15/2011 |
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Allows the Patient’s Compensation Fund (PCF) to hire a money manager to invest its funds in the same manner as the Louisiana State Employees’ Retirement System (LASERS). |
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ACT 568 HB 264 |
Effective: 08/15/2010 |
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Adds licensed respiratory therapist, radiologic technologist, clinical laboratory scientist in the definition of health care provider in both the private (PCF) and public medical malpractice acts. |
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ACT 950 HB 1453 |
Effective: 08/15/2010 |
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Excludes elective abortions from coverage under medical malpractice acts. It does not prohibit coverage of health care providers who perform the procedures, it only excludes those claims involving the procedure from coverage under the state and PCF medical malpractice acts. (defined in the act as performing the elective termination of an uncomplicated viable pregnancy) |
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ACT 78 SB 514 |
Effective: 08/15/2010 |
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Exempts PCF Oversight Board from rate regulation by Commissioner of Insurance. |
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ACT 888 SB 528 |
Effective: 08/15/2010 |
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Requires an obstetric ultrasound be performed prior to an abortion. requires the pregnant woman have an opportunity to view the screens and be provided a copy of the ultrasound print. requires explanation of options and written certification of compliance with the statute |
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ACT 411 HB 1286 |
Effective: 07/01/2010 |
| Makes the PCF an off-budget agency. | |
The information provided here is summary only.
For further/more detailed information on any legislation, visit the Louisiana Legislature web site -- www.legis.la.gov
