20-1742 - Insurers to report malpractice claims and actions; definition
20-1742. Insurers to report malpractice claims and actions; definition
A. Each health care insurer providing professional liability insurance to a health professional as defined in section 32-3201 shall report to the appropriate health profession regulatory board, except the Arizona medical board, within thirty days of its receipt, any written or oral claim or action for damages for personal injury claimed to have been caused by:
1. An error, omission or negligence in the performance of an insured's professional services.
2. The performance of professional services without adequate informed consent.
3. An alleged breach of contract for professional services.
B. The reports required by subsection A of this section shall be confidential, nondiscoverable and nonadmissible as evidence, shall be filed on such forms as the health profession regulatory board, except the Arizona medical board, may require and shall contain:
1. The name and address of the health professional involved in the claim.
2. The name and address of the person on whose behalf the claim is being filed.
3. The date of the occurrence that created the claim.
4. The date of the claim if a complaint is not simultaneously filed.
5. The date the complaint is filed, if applicable.
6. A summary of the occurrence on which the claim is based as stated by the claimant.
7. Such other reasonable information related to the claim as the director may require.
C. Every health care insurer required to report to the health profession regulatory board pursuant to this section is required to advise the health profession regulatory board of any settlements or judgments entered against a health professional as defined in section 32-3201 within thirty days after the settlement was agreed to or the judgment was entered in superior court.
D. There shall be no liability on the part of and no cause of action shall arise against any health care insurer or its agents or employees reporting as required by this section.
E. The health profession regulatory board shall notify each health care insurer that is required to report pursuant to subsection A of this section of its duty to report.
F. Nothing in this section limits the director of insurance from obtaining any of the information required to be reported under this section.
G. For the purposes of this section "health profession regulatory board" means an agency, board or commission that licenses, certifies or registers a health professional as defined by section 32-3201.