American College of Emergency Physicians

Indiana

Recent Reforms Enacted (since 2003)	None
Emergency Care Provision	None
Reform Elements In Law	$1.25M Total Cap Collateral Source Attorney Fee Limit Periodic Payment Pre-Trial Screening Patient Compensation Fund (pays damages over $250K)
Constitutional Status of Reforms	(2011) State Court of Appeals scheduled to hear Plank v. Community Hospitals of Indiana, challenge to total cap. The Indiana Supreme Court has heard oral arguments on the constitutionality of the Indiana Medical Malpractice Act and is expected to render its verdict this year. The current statutory cap is $1.25 million with $250,000 from the involved malpractice carrier and $1 million from the malpractice fund. (2013) State Supreme Court throws out challenge to the cap in Plank v. Community Hospitals of Indiana, saying the challenge came to late, but not opining on the constitutionality of the cap.
Change in Insurance Rates	AMA reports at least one insurer raised rates as much as 25 to 40% in 2004. In 2004, physicians faced a 72.6% increase in payments to the patient comp. fund. The state insurance fund for physicians who can’t find other insurance planned a 46% rate hike in 2005. (Ind. Business Journal) The patient compensation fund surcharge increased only 3% in 2007, according to the state Department of Insurance, and a 19.1% decrease in physician rates occurred in 2008, the first decrease since the fund's inception in 1975.
Insurance Availability	In 2005, Indiana ACEP reported that only one insurer is still writing policies, and only for physicians who are claim free for five years.
Change in Physician Availability	Information not available.
Change in Cases Filed/Awards	423 paid claims in 2003 or 30.5 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 186 paid claims in 2005 or 13.5 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 221 total number of paid claims for 2006 or 13.9 per 1,000 active, non-federal physicians. 199 paid claims in 2007