Oklahoma § 36-6812.1 - Required information, format, and coding protocol in

§ 36-6812.1. Required information, format, and coding protocol in

reports.

Reports required under Section 6811 of this title must contain

the following information in a format and coding protocol prescribed

by the Insurance Commissioner. To the greatest extent possible

while still fulfilling the purposes of the Medical Professional

Liability Insurance Closed Claim Reports Act, the format and coding

protocol shall be consistent with the format and coding protocol for

data reported to the National Practitioner Data Bank.

1. Claim and incident identifiers, including:

a.

a claim identifier assigned to the claim by the

insuring entity, self-insurer, facility, or provider,

and

Oklahoma Statutes - Title 36. Insurance

b.

an incident identifier if companion claims have been

made by a claimant;

2. The policy limits of the medical professional liability

insurance policy covering the claim;

3. The medical specialty of the provider who was primarily

responsible for the medical malpractice incident that led to the

claim;

4. The type of health care facility where the medical

malpractice incident occurred;

5. The primary location within a facility where the medical

malpractice incident occurred;

6. The geographic location, by city and county, where the

medical malpractice incident occurred;

7. The sex and age of the injured person on the incident date;

8. The severity of malpractice injury using the National

Practitioner Data Bank severity scale;

9. The dates of:

a.

the earliest act or omission by the defendant that was

the proximate cause of the claim,

b.

notice to the insuring entity, self-insurer, facility,

or provider,

c.

suit, if a suit was filed,

d.

final indemnity payment, if any, and

e.

final action by the insuring entity, self-insurer,

facility, or provider to close the claim;

10. Settlement information that identifies the timing and final

method of claim disposition, including:

a.

claims settled by the parties,

b.

claims disposed of by a court, including the date

disposed,

c.

claims disposed of by alternative dispute resolution,

such as arbitration, mediation, private trial, and

other common dispute resolution methods, and

d.

whether the settlement occurred before or after trial,

if a trial occurred;

11. Specific information about the indemnity payments and

defense and cost-containment expenses, including:

a.

for claims disposed of by a court that result in a

verdict or judgment that itemizes damages:

(1) the indemnity payment made on behalf of the

defendant,

(2) economic damages,

(3) noneconomic damages,

(4) punitive damages, if applicable, and

(5) defense and cost-containment expenses, including

court costs, attorney fees, and costs of expert

witnesses, and

Oklahoma Statutes - Title 36. Insurance

b.

for claims that do not result in a verdict or judgment

that itemizes damages:

(1) the total amount of the settlement on behalf of

the defendant,

(2) the insuring entity’s or self-insurer’s best

estimate of economic damages included in the

settlement,

(3) the insuring entity’s or self-insurer’s best

estimate of noneconomic damages included in the

settlement, and

(4) defense and cost-containment expenses, including

court costs, attorney fees, and costs of expert

witnesses;

12. The reason for the medical professional liability claim.

The reporting entity must use the same allegation group and specific

allegation codes that are used for mandatory reporting to the

National Practitioner Data Bank; and

13. Any other closed claim data the Commissioner determines to

be necessary to accomplish the purpose of the Medical Professional

Liability Insurance Closed Claim Reports Act and requires by rule.

Added by Laws 2009, c. 176, § 56, eff. Nov. 1, 2009.