17
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
in writing of any medical malpractice claim settlement, judgment or
arbitration award to which the practitioner is a party. The review panel
or board, as the case may be, shall not presume that the judgment or
award is conclusive evidence in any disciplinary proceeding and the fact
of a settlement is not admissible in any disciplinary proceeding.
In any malpractice action against a practitioner, a settlement
prohibiting a complaint against the practitioner or the providing of
information to the review panel or board concerning the underlying facts
or circumstances of the action is void and unenforceable.
b. An insurer or insurance association authorized to issue medical
malpractice liability insurance in the State shall notify the review panel
in writing of any termination or denial of coverage to a practitioner or
surcharge assessed on account of the practitioner's practice method or
medical malpractice claims history.
c. The form of notification shall be prescribed by the Commissioner
of Banking and Insurance, shall contain such information as may be
required by the board and the review panel and shall be made within
seven days of the settlement, judgment or award or the final action for a
termination or denial of, or surcharge on, the medical malpractice
liability insurance. Upon request of the board, the review panel or the
commissioner, an insurer or insurance association shall provide all
records regarding the defense of a malpractice claim, the processing of
the claim and the legal proceeding; except that nothing in this subsection
shall be construed to authorize disclosure of any confidential
communication which is otherwise protected by statute, court rule or
common law.
An insurer or insurance association, or any employee thereof, shall
be immune from liability for furnishing information to the review panel
and the board in fulfillment of the requirements of this section unless the
insurer or insurance association, or any employee thereof, knowingly
provided false information.
d. An insurer, insurance association or practitioner who fails to notify
the review panel as required pursuant to this section shall be subject to
such penalties as the Commissioner of Insurance may determine
pursuant to section 12 of P.L.1975, c.301 (C.17:30D-12). In addition to,
or in lieu of suspension or revocation, the commissioner may assess a
fine which shall not exceed $1,000 for the first offense and $2,000 for
the second and each subsequent offense, which may be recovered in a
summary proceeding, brought in the name of the State in a court of
competent jurisdiction pursuant to "the penalty enforcement law,"
N.J.S.2A:58-1 et seq.
e. A practitioner who fails to notify the review panel as required
pursuant to this section shall be subject to disciplinary action and civil
penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21 to
45:1-22 and 45:1-25).
f. An insurer or insurance association shall make available to the
review panel or the board, upon request, any records of termination or
denial of coverage to a practitioner or surcharge assessed on account of
the practitioner's practice method or medical malpractice claims history,
which occurred up to five years prior to the effective date of P.L.1989,
c.300 (C.45:9-19.4 et al.).
g. For the purposes of this section, "practitioner" means a person
licensed to practice: medicine and surgery under chapter 9 of Title 45 of
the Revised Statutes or a medical resident or intern; or podiatry under
chapter 5 of Title 45 of the Revised Statutes.
