§ 34-18-6-2 Protection; legal services; expenses

Codes > Indiana Code > Title 34 > Article 18 : Chapter 6 > 34-18-6-2 Protection;

34-18-6-2 Protection; legal services; expenses

    Sec. 2. (a) The commissioner, using money from the fund, as considered necessary, appropriate, or desirable, may purchase or retain the services of persons, firms, and corporations to aid in protecting the fund against claims. The commissioner shall retain the services of counsel described in subsection (b) to represent the department when a trial court determination will be necessary to resolve a claim against the patient's compensation fund.

    (b) When retaining legal services under subsection (a), the commissioner shall retain competent and experienced legal counsel licensed to practice law in Indiana to assist in litigation or other matters pertaining to the fund.

    (c) The commissioner has sole authority for the following:

        (1) Making a decision regarding the settlement of a claim against the patient compensation fund.

        (2) Determining the reasonableness of any fee submitted to the department of insurance by an attorney who defends the patient compensation fund under this section.

    (d) All expenses of collecting, protecting, and administering the fund shall be paid from the fund.