HOUSE BILL No. 5321


     October 23, 2001, Introduced by Reps. Raczkowski and Sanborn and referred to the Committee on Insurance and Financial Services.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 16243 (MCL 333.16243), as amended by 1993

   PA 79.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 16243.  (1) The department or a disciplinary subcommit-

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      tee appointed under section 16216 may request and shall receive

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      the following reports:

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           (a) Information from a licensed health care facility as to

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      disciplinary action taken by it pursuant to section 20175.

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           (b) Information from an insurer providing professional

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      liability insurance as to claims or actions for damages against a

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      licensee; settlements in any amount; final disposition not

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      resulting in payment on behalf of the insured; and a personal

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      injury claimed to have been caused by an error, omission, or


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      negligence in the performance of the insured professional

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      services.  An insurer that receives a request under this subdivi-

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      sion shall submit the information requested directly to the

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      department.

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           (c) Information from a court in this state as to a felony or

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      misdemeanor conviction or a judgment against a licensee or regis-

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      trant finding the licensee or registrant negligent in an action

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      for malpractice, whether or not the judgment is appealed.

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           (d) A report by a licensee or registrant under

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      section 16222.

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           (e) Information provided by the  insurance bureau under sec-

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      tions 2477, 2477b, and 2477c of the insurance code, Act No. 218

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      of the Public Acts of 1956, being sections 500.2477, 500.2477b,

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      and 500.2477c of the Michigan Compiled Laws, information provided

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      by the  national practitioner data bank  ,  and reports from
   the

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      Michigan health care arbitration program.

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           (f) Reports from any other appropriate source necessary for

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      determination of the competency and safety of the practice of a

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      licensee.  Appropriate sources include, but are not limited to,

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      appointed public and private professional review entities and

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      public and private health insurance programs.

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           (2) Within 10 days after the entry of a judgment against a

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      licensee finding the licensee negligent in an action for malprac-

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      tice or the approval by a court of a settlement in an action for

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      malpractice, the clerk of the court in which the judgment was

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      entered or the settlement approved shall prepare and immediately

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      forward to the department on a form prescribed by the department



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      a report setting forth the name of the licensee and the amount of

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      damages awarded or the amount of the approved settlement.




















































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