SENATE DOCKET, NO. 1816        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 483

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act requiring insurers to report malpractice claims or actions for optometrists..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting the following new section:  “Section 72B.  Reports by insurers of malpractice claims or actions; liability  “Every insurer or risk management organization which provides professional liability insurance to a registered optometrists shall report to the board any claim or action for damages for personal injuries alleged to have been caused by error, omission, or negligence in the performance of such optometrist’s services where such claim has resulted in:

(a)     a final judgment in any amount,

(b)     a settlement in any amount, or

(c)     a final disposition not resulting in payment of behalf of the insured.

 Reports shall be filed with the board no later than thirty days following the occurrence of any event listed in paragraph (a), (b) or (c).

 Such reports shall be in writing on a form prescribed by the board and shall contain the following information:

 (a)     the name, address and policy number of the optometrist against whom the claim is made; and

(b)     name, address and aged of the claimant or plaintiff; and

(c)     nature and substance of the claim; and

(d)     date when and place at which the claim arose; and

(e)     the amounts paid, if any, and the date and manner of disposition, judgment, settlement, or otherwise; and

(f)      the date and reason for final disposition, if no judgment or settlement; and

(g)     such additional information as the board shall require.

 No insurer or its agent or employees shall be liable in any cause of action arising from reporting to the board as required in this section.”

 SECTION 2.  Within 90 days after the effective date of this act, the board of registration in optometry shall promulgate the rules and regulations as required by section 1.