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PDFWAC 284-24D-160

When is a facility or provider principally responsible for reporting closed medical malpractice claims to the commissioner?

Under RCW 48.140.020(1), a facility or provider must report closed claims if the facility or provider:
(1)(a) Makes indemnity payments directly to the claimant or incurs ALAE expenses to defend the claim, or both; and
(b) There is no insurance coverage available from an insuring entity or self-insurer to defend or pay for the claim; or
(2) Is insured by a risk retention group and the risk retention group refuses to report closed claim data and asserts that the federal Liability Risk Retention Act (95 Stat. 949; 15 U.S.C. 3901 net seq.) preempts state law; or
(3) Is insured by an unauthorized insurer and the unauthorized insurer refuses to report closed claim data and asserts a federal exemption or other jurisdictional preemption.
[Statutory Authority: RCW 48.02.060, 48.140.060, and 7.70.140. WSR 07-12-057 (Matter No. R 2006-02), ยง 284-24D-160, filed 6/4/07, effective 7/22/07.]
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