§ 19-104. Health care malpractice insurance

   (a) Required policy provisions. -- Each policy that insures a health care provider against damages due to medical injury arising from providing or failing to provide health care shall contain provisions that:

   (1) are consistent with the requirements of Title 3, Subtitle 2A of the Courts Article; and

   (2) authorize the insurer, without restriction, to negotiate and effect a compromise of claims within the limits of the insurer's liability, if the entire amount settled on is to be paid by the insurer.

(b) Advance payments by insurer. --

   (1) An insurer may make payments to or on behalf of claimants for reasonable hospital and medical costs, loss of wages, and expenses for rehabilitation services and treatment, within the limits of the insurer's liability, before a final disposition of the claim.

   (2) A payment made under this subsection:

      (i) is not an admission of liability to or of damages sustained by a claimant; and

      (ii) does not prejudice the insurer or any other party with respect to any right, claim, or defense.

(c) Excluded provisions; separate policy. --

   (1) A policy issued or delivered under subsection (a) of this section may not include coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider profession.

   (2) A policy providing coverage for the defense of a health care provider in a disciplinary hearing arising out of the practice of the health care provider's profession may be offered and priced separately from a policy issued or delivered under subsection (a) of this section.

HISTORY: An. Code 1957, art. 48A, § 482A; 1996, ch. 11; 2004 Sp. Sess., ch. 5, § 1.