PCF and Malpractice Bills Move Through Legislative Process

Clark Cossé, LHA

PCF and Malpractice Bills Move Through Legislative Process | Louisiana Medical news, Louisiana physicians, Patient Compensation Fund, Louisiana Legislature, Medical malpractice

HB 394 by Rep. Mills (D-Parks) was passed by the House of Representatives this week by a vote of 93-1. This bill dealing with the Patient’s Compensation Fund (PCF) would: 1) clarify the rating process utilized by the PCF; 2) de-politicize the rate making process by eliminating the rate regulation of the Insurance Commissioner; and 3) clarify that the PCF Oversight Board member who represents insurance will be an agent licensed in Louisiana who is familiar with property and casualty insurance. The Senate version, SB 514 by Sen. Murray (D-New Orleans), which is a duplicate bill, was approved unanimously by the House Civil Law and Procedure Committee and heads to the House floor for final approval. HB 394 still has to clear the Senate Insurance Committee and the full Senate before it goes to the governor for his signature. HB 1286 by Rep. Ligi (R-Metairie), which would allow the PCF to become more efficient by taking it "off budget," was reported favorably by the House Civil Law and Procedure Committee and could be considered on the House floor next week. Because there are no state funds utilized by the PCF, the PCF could eliminate some of the restrictions with which governmentally-funded agencies must deal. HB 264 by Rep. Willmott (R-Kenner), which would coordinate the definition of "healthcare provider" in the state and private medical malpractice acts by clarifying that both acts include licensed respiratory therapists, radiologic technologists, clinical laboratory scientists and occupational therapists was passed by the House of Representatives this week and now goes to the Senate Committee on Judiciary A for a hearing.