If more than one claim is filed with a reporting entity due to an incident of medical malpractice, the reporting entity must report companion claims in this manner:
(1) If a claimant makes a claim against more than one facility or provider, the reporting entity must assign the same incident identifier to each "companion claim."
(2) The reporting entity must maintain all data required under chapter 48.140
RCW and this chapter for each facility or provider it defends.
(3) Indemnity payments and allocated loss adjustment expenses paid to defend and settle each claim must be reported separately for each facility or provider. The reporting entity must allocate:
(a) Indemnity payments between defendants based on an assessment of comparative fault; and
(b) ALAE payments between defendants based on which defendant benefited from the defense services.
(4) If the reporting entity makes payments in the absence of clear legal liability, it may allocate claim or ALAE payments equally among all defendants.
(5) Under this section, the reporting entity is responsible for reporting incident level data only for its own claims.
[Statutory Authority: RCW 48.02.060
, and 7.70.140
. WSR 07-12-057 (Matter No. R 2006-02), § 284-24D-320, filed 6/4/07, effective 7/22/07.]