As you are aware, last year the Illinois General Assembly passed, and Governor Blagojevich signed into law, PA 94-0677 (the Act) that addressed certain aspects of medical malpractice insurance.  The Act changes the data filing required of your company with the Division pursuant to Section 155.19 of the Insurance Code (215 ILCS 5/155.19).   The Act requires the Division of Insurance to amend a number of its administrative rules, including Part 928 (50 Ill. Adm. Code 928).  Contemplated changes include an electronic filing requirement on software which will be available from the Division.  The Division has begun the rulemaking process necessary to implement the statutory changes and anticipate submission in the very near future. 

Consistent with the Act, use the current filing form (Illinois Medical Professional Liability Insurance Uniform Claims Report, effective January 1, 2001) and filing requirements with the following changes: 

Instead of providing “Amount of reserve for indemnity if still outstanding” in item 10., replace with “Amount of economic damages awarded by the court,” for claims disposed of by a court of law.

Instead of providing “Amount of reserve for expenses if still outstanding” in item 11., replace with “Amount of non-economic damages awarded by the court,” for claims disposed of by a court of law.

In 20b. enter the Claims Disposition Code which represents the FINAL disposition of the claim.

Upon adoption of an amended Part 928, all companies will be asked to file all claims that open and close on or after January 1, 2006 under the new reporting requirements.

For questions related to this requirement, please contact Gene Szperra at (217) 524-5420 or at gene.szperra@illinois.gov