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NEW HAMPSHIRE STATUTES AND CODES

Section 519-B:12 Reports.


   I. (a) The administrative office of the courts shall collect data on medical injury claims and submit a report on the screening panel process to the committee established in RSA 519-B:11 and to the insurance commissioner on or before September 30 of each year.
      (b) The report required by this paragraph shall include the number of medical injury cases filed, pending, and resolved; and the number of panel hearings and the number of panel hearing days during the fiscal year ending on the June 30 preceding the report date.
      (c) The report required by this paragraph shall also include, for medical injury cases resolved during the fiscal year:
         (1) The mean and median lengths of time from initial filing to final resolution.
         (2) The number and average settlement amount of cases that were resolved prior to the panel hearing.
         (3) The number and average settlement amount of cases that were resolved after a panel hearing but before a trial.
         (4) The number and average settlement amount of cases that were resolved by or after a jury verdict.
      (d) The report required by this paragraph shall also include, for medical injury cases in which a panel made findings during the fiscal year, the number of cases that fell into each category of possible results of a panel hearing (unanimous for the plaintiff; majority for the plaintiff; unanimous for the defendant; majority for the defendant), the status, and, if applicable, the results of the cases in each category.
      (e) To the extent possible, the report required by this paragraph shall include comparative data from the previous 5 years.
   II. (a) The insurance commissioner shall report to the committee established in RSA 519-B:11 annually, on or before November 1 of each year, on the medical malpractice market and the effects of the panel process established in this chapter. Such reports shall include, but not be limited to, the average rates of medical liability insurance for categories of medical providers and specialties identified by the insurance commissioner, the frequency and severity of medical injury claims, and the time for resolution of medical injury claims from first notice to final resolution.
      (b) The insurance commissioner may adopt rules to collect the data from insurers necessary to prepare the report required by this paragraph. To the extent the commissioner collects information from insurers regarding individual claims, loss adjustment and other expenses, reserves, indemnity payments, or other financial information that is not otherwise reported to the commissioner and available to the public, such information shall be treated as examination materials, kept confidential, and not be subject to RSA 91-A.

Source. 2005, 197:1, eff. Aug. 29, 2005.

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