69O-171.003. Reports by Insurers of Professional Liability Claims and Actions Required

(1) Each self-insurer authorized under Section 627.357, F.S., and each insurer or joint underwriting association providing professional liability insurance to a practitioner of medicine licensed pursuant to the provisions of Chapter 458, F.S., to a practitioner of osteopathic medicine licensed pursuant to the provisions of Chapter 459, F.S., to a podiatric physician licensed pursuant to the provisions of Chapter 461, F.S., to a dentist licensed pursuant to the provisions of Chapter 466, F.S., to a hospital licensed pursuant to the provisions of Chapter 395, F.S., to crisis stabilization units licensed under Part IV of Chapter 394, F.S., to a health maintenance organization certified under Part I of Chapter 641, F.S., to clinics included in Chapter 390, F.S., to an ambulatory surgical center as defined in Section 395.002, F.S., or to a member of the Florida Bar, shall report to the Office of Insurance Regulation any claim or action for damages for personal injuries claimed to have been caused by error, omission, or negligence in the performance of such insured’s professional services or based on a claimed performance of professional services without consent. Each insurer or self insurer required to report under this rule shall submit such information electronically by using the Office’s website: http://www.floir.com/iportal. A copy of the judgment or settlement must be provided along with any other information required by the Office that is not included in the computer software. The following forms have been converted into the software provided by the Office, are hereby incorporated by reference, and shall take effect on the effective date of this rule amendment: Form OIR-303 (5/99) “Florida Medical Professional Liability Insurance Claims Report” and OIR-304 (5/99) “Lawyers Professional Liability Closed Claim Reporting Form.” Professional liability closed claim reports must be filed by the insurer if the claim resulted in:

(a) A final judgment in any amount, or

(b) A settlement in any amount.

(2) Any self-insurance program established under Section 240.213, F.S., shall report electronically to the Office of Insurance Regulation at http://www.floir.com/iportal, any claim or action for damages for personal injuries claimed to have been caused by error, omission, or negligence in the performance of professional services provided by the Board of Regents through an employee or agent of the Board of Regents, including practitioners of medicine licensed under Chapter 458, F.S., practitioners of osteopathic medicine licensed under Chapter 459, F.S., podiatric physicians licensed under Chapter 461, F.S., and dentists licensed under Chapter 466, F.S., or based on a claimed performance of professional services without consent if the claim resulted in a final judgment in any amount, or a settlement in any amount.

(3) Reports are due no later than 30 days following the occurrence of one of the events listed in paragraph (a) or (b) above. A closed claim report which is inaccurate, incomplete, or not properly formatted will be returned unprocessed and will be considered late until an accurate, complete and properly formatted report is received.

(4) The Office shall impose a fine of $250 per day per case, but not to exceed a total of $1,000 per case against an insurer or self-insurer that violates the professional liability closed claim reporting requirements. This applies to claims closed on or after October 1, 1997.

(5) Copies of the Professional Liability Closed Claim Software are available from the Office’s website at: http://www.floir.com/iportal.

Rulemaking Authority 624.308(1) FS. Law Implemented 624.307(1), 627.912, 627.918 FS. History–New 1-16-83, Amended 6-14-83, 7-1-85, 12-31-85, Formerly 4-59.03, Amended 11-9-86, 6-15-88, Formerly 4-59.003, Amended 4-28-92, 6-13-99, Formerly 4-171.003.