Medical Malpractice Claim Reporting

R Department of evenue & egulation ivision of Insurance 445 East Capitol Avenue Pierre, South Dakota 57501-3185 Phone: 605-773-3563 Fax: 605-773-5369 www.state.sd.us/drr D Bulletin 09-04 DATE: August 4, 2009 TO: All Medical Malpractice Insurers FROM: Merle Scheiber, Director RE: Medical Malpractice Claim Reporting South Dakota law requires each medical malpractice insurer to file reports of all claims made against any of its insureds not less than semiannually. See SDCL 58-23A-2 and 58-23A-4. Previously the actual time frames for the filing were only specified in the reporting form. Furthermore, reporting has been sporadic and inconsistent. Effective immediately there will be a specific time frame each year for the reports to be filed that must be adhered to. Specifically, the report for claims filed or disposition of any claims from January 1 to June 30 will need to be submitted to the Division by September 30 of each year; the same report for claims filed or disposition of any claims from July 1 to December 31 each year would need to be submitted to the Division by March 31. Failure to timely file the reports is grounds for administration action.