Louisiana Patient’s Compensation Fund
During the 1975 legislative session, Act 817 (R.S. 40:1299.41 et seq) was passed which created the Louisiana Patient’s Compensation Fund (PCF). The Act was created to provide coverage to private healthcare providers in Louisiana, ensuring that a stable and affordable market existed for malpractice insurance to keep practitioners in the state. In addition, the Act was to create a viable fund for compensating claimants. The Act provides a statutory cap on total liability of $500,000 and payment of all related and ongoing medical expenses. It also provided for a Medical Review Panel process which is the first step in pursuing a claim against a healthcare provider.
The PCF is governed by the Patient’s Compensation Fund Oversight Board. Healthcare providers who choose to enroll in the PCF remain responsible for the first $100,000 of each claim. The PCF provides coverage for the second layer of $400,000 plus all related medical expenses.
Enrollment in the PCF is required to participate in The Trust Funds. The Trust Fund assesses and bills for the proper surcharge on behalf of the PCF.