The Ohio Department of Insurance filed a rule on data collection with the Joint Committee on Agency Rule Review pursuant to House Bill 215. This legislation requires the Superintendent of the Ohio Department of Insurance to file a rule requiring every authorized insurer, surplus lines insurer, captive insurer, risk retention group, self-insurer, the medical liability underwriting association, if created, and any other entity that provides medical malpractice insurance to risks located in Ohio to report information to the Ohio Department of Insurance at least annually regarding all medical, dental, optometric, and chiropractic claims asserted against a risk located in Ohio, if the claim resulted in a final judgment or settlement in any amount or a final disposition resulting in no indemnity payment on behalf of the insured. The data would have to be filed in a report to the Director prior to May 1 each year and persons failing to file a timely report would be subject to a fine not to exceed $500. The information filed with the Director would be considered confidential and privileged and not a public record.
In a letter dated, Dec. 2, 2004, AMC/NOMA President Dr. William H. Seitz, Jr., M.D. submitted comments regarding the draft rules to the Director of the Ohio Department of Insurance, Ann Womer Benjamin. Dr. Seitz suggested having ODI require data submission from plaintiff attorneys, having ODI include in the rule an item requiring insurers to provide data on insureds who have been named in a claim (sent a claim letter) or complaint that has subsequently been dropped. The letter suggested that ODI specify, for suits, the mechanism of dismissal (ie:dismissal without prejudice or dismissal with prejudice and whether that defendant/insured was dismissed after filing of an affidavit of non-involvement). JCARR passed the rules without any changes, however, there was an amendment made to HB 425 - which was a bill originally dealing with coal mines was amended to include several unrelated provisions, one of which deals with Medical Malpractice reporting. Continuing law requires medical malpractice insurers to report information to the Department of Insurance at least annually on all malpractice claims resulting in a final judgment of any amount, a final settlement, or a final disposition of the claim resulting in no indemnity payment on behalf of the insured. (see legislative report on page for more information.) The AMC/NOMA will continue to pursue our other suggestions with the Director of the Ohio Department of Insurance.