§ 58-2-170. Annual statements by professional liability insurers; medical malpractice claim reports. - North Carolina Statutes

§58‑2‑170.  Annual statements by professional liability insurers;medical malpractice claim reports.

(a)        In addition to thefinancial statements required by G.S. 58‑2‑165, every insurer, self‑insurer,and risk retention group that provides professional liability insurance in theState shall file with the Commissioner, on or before the first day of Februaryin each year, in form and detail as the Commissioner prescribes, a statementshowing the items set forth in subsection (b) of this section, as of the preceding31st day of December.  The annual statement shall not be reported or disclosedto the public in a manner or format which identifies or could reasonably beused to identify any individual health care provider or medical center.  Thestatement shall be signed and sworn to by the chief managing agent or officerof the insurer, self‑insurer, or risk retention group, before theCommissioner or some officer authorized by law to administer oaths.  TheCommissioner shall, in December of each year, furnish to each such person thatprovides professional liability insurance in the State forms for the annualstatements.  The Commissioner may, for good cause, authorize an extension ofthe report due date upon written application of any person required to file.  Anextension is not valid unless the Commissioner's authorization is in writingand signed by the Commissioner or one of his deputies.

(b)        The statementrequired by subsection (a) of this section shall contain:

(1)        Number of claimspending at beginning of year;

(2)        Number of claimspending at end of year;

(3)        Number of claimspaid;

(4)        Number of claimsclosed no payment;

(5)        Number and amountsof claims in court in which judgment paid:

a.         Highest amount

b.         Lowest amount

c.         Average amount

d.         Median amount;

(6)        Number and amountsof claims out of court in which settlement paid:

a.         Highest amount

b.         Lowest amount

c.         Average amount

d.         Median amount;

(7)        Average amount perclaim set up in reserve;

(8)        Total premiumcollection;

(9)        Total expenses lessreserve expenses; and

(10)      Total reserveexpenses.

(c)        Every insurer, self‑insurer,and risk retention group that provides professional liability insurance tohealth care providers in this State shall file, within 90 days following therequest of the Commissioner, a report containing information for the purpose ofallowing the Commissioner to analyze claims.  The report shall be in the formprescribed by the Commissioner.  The form prescribed by the Commissioner shallbe a form that permits the public inspection, examination, or copying of anyinformation contained in the report:  Provided, however, that any data or othercharacteristics that identify or could be used to identify the names oraddresses of the claimants or the names or addresses of the individual health careprovider or medical center against whom the claims are or have been asserted orany data that could be used to identify the dollar amounts involved in suchclaims shall be treated as privileged information and shall not be madeavailable to the public.  The Commissioner shall analyze these reports andshall file statistical and other summaries based on these reports with theGeneral Assembly as soon as practicable after receipt of the reports.  TheCommissioner shall assess a penalty against any person that willfully fails tofile a report required by this subsection.  Such penalty shall be one thousanddollars ($1,000) for each day after the due date of the report that the personwillfully fails to file:  Provided, however, the penalty for an individual whoself insures shall be two hundred dollars ($200.00) for each day after the duedate of the report that the person willfully fails to file:  Provided, however,that upon the failure of a person to file the report as required by thissubsection, the Commissioner shall send by certified mail, return receiptrequested, a notice to that person informing him that he has 10 business daysafter receipt of the notice to either request an extension of time or file thereport.  The Commissioner may, for good cause, authorize an extension of thereport due date upon written application of any person required to file.  Anextension is not valid unless the Commissioner's authorization is in writingand signed by the Commissioner or one of his deputies.

(d)        Every person thatself‑insures against professional liability in this State shall providethe Commissioner with written notice of such self‑insurance, which noticeshall include the name and address of the person self‑insuring.  Thisnotice shall be filed with the Commissioner each year for the purpose ofapprising the Commissioner of the number and locations of persons that self‑insureagainst professional liability. (1975, 2nd Sess., c. 977, s.6; 1985, c. 666, s. 53; 1987, c. 343.)