In this chapter, the following terms have the meanings indicated. Terms Defined. “Amount paid to claimant” means the amount of claim settlements and claim awards. “Closed claim” means a claim filed with the Director of the Health Care Alternative Dispute Resolution Office under Courts and Judicial Proceedings Article, §3-2A-04, Annotated Code of Maryland, that has resulted in: A final judgment in any amount; A settlement in any amount; or A final disposition that does not result in payment on behalf of the insured. “Confidential information” means “confidential commercial information”, “confidential financial information”, and “financial information” as those terms are used in State Government Article, §10-617(d) and (f), Annotated Code of Maryland. “Financial information report” means an annual report as described in Regulation .02 of this chapter. “Insurer” means each insurer that provides professional liability insurance to a physician, nurse, dentist, podiatrist, optometrist, or chiropractor licensed under Health Occupations Article, Annotated Code of Maryland, or a hospital licensed under Health—General Article, Annotated Code of Maryland. “Neutral expert” has the meaning stated in Courts and Judicial Proceedings Article, §3-2A-09(d)(2), Annotated Code of Maryland. Scope. An insurer that issues professional liability insurance to health care providers in the State shall submit to the Commissioner a financial information report. Confidential Information. An insurer that submits a financial information report shall notify the Commissioner at the time of the submission of any information contained in the report that the insurer considers to be proprietary information. The Commissioner, in accordance with State Government Article, §10-617(d) and (f), Annotated Code of Maryland, shall deny inspection of any part of a report submitted under this chapter that the Commissioner determines contains confidential commercial information or confidential financial information. Filing Requirements. Insurers shall submit a financial information report by April 30 of each year for the preceding calendar year. The financial information report shall state, in the aggregate: The nature and cost of reinsurance for the insurer for the preceding calendar year; The claims experience, by category, of health care providers insured by the insurer during the preceding calendar year; The amount paid by the insurer under claim settlements and claim awards in the preceding calendar year; The amount of reserves for claims incurred and for incurred but unreported claims held by the insurer at the close of the preceding calendar year; and The number of claims settled by the insurer during the preceding calendar year that included structured settlement payments. Scope. Each insurer that issues professional liability insurance in the State shall complete and submit to the Commissioner a closed claim survey form, as described in Regulation .04 of this chapter, for each closed claim. Within 90 days after the end of each calendar quarter, an insurer shall complete and submit to the Commissioner the closed claim survey forms for claims closed by the insurer in that quarter. The closed claim survey forms shall be submitted to the Commissioner using an online survey tool made available by the Maryland Insurance Administration. A closed claim that is covered under a primary policy and one or more excess policies shall be reported only by the insurer that issued the primary policy. The insurer that issued the primary policy shall report the total amount, if any, paid with respect to the closed claim, including any amount paid under an excess policy and any amount paid by the health care provider subject to the claim or by a person other than an insurer on behalf of that health care provider. A closed claim survey form shall be completed and submitted only for a closed claim that arises out of an act or omission alleged to have occurred in the State or that was covered under a policy of professional liability insurance issued in the State. If the act, omission, or injury alleged in the closed claim allegedly occurred outside the State but was subject to resolution under the substantive laws of the State, a closed claim survey form is not to be submitted on that closed claim, unless the closed claim was covered under a policy of professional liability insurance issued in the State. A single closed claim survey form shall be filed for any closed claim that arises out of the same alleged acts or omissions of a health care provider and asserts the same injury, regardless of the number of claimants seeking damages on account of that injury. Any amounts identified on the closed claim survey form in connection with such a closed claim shall reflect all amounts paid to all claimants in that closed claim. If the insurer did not close any claims during a calendar quarter, the insurer need not submit a closed claim survey form but shall so notify the Commissioner in writing within 90 days after the end of the calendar quarter. The following information shall be reported on a closed claim survey form: Name of insurer; Name of insurer group; Claim file identification (ID); Name of person completing the form; Telephone number, including area code, of person completing the form; Date form completed; Date of injury; Date injury reported to insurer; Date claim closed; Whether the claim was previously reported; Age of injured person at time of injury; Gender of injured person at time of injury; Type of injury, such as wrongful death, permanent disability, or other bodily injury; Description of injury; Name of health facility where injury occurred; Type of medical professional liability policy, such as occurrence, claims made—basic, or claims made—tail; Type of patient, such as inpatient, emergency room outpatient, or other outpatient; Physician Insurance Services Office Incorporated (ISO) classification or equivalent classification; Type of health care provider, such as physician-no surgery, surgeon, psychiatrist and related specialties, nurse, nurse midwife, optometrist, pharmacist, chiropractor, podiatrist, psychologist, dentist, hospital, other health care facility, or nurse anesthetist; Physician and surgeon classification, including name of specialty; Health care provider name; Health care provider license number; Policy limits for each claim or medical incident; Policy limits for annual aggregate; If known, the facility, office, or county where the injury occurred; Whether the claim is a zero payment claim file; Full name and location of the court where the suit was filed and the case was tried; Case or docket number; Whether settlement was reached or award was made at one of the following stages: Arbitration; Mediation before suit was filed; After suit was filed, but before trial; During trial, but before court verdict; Court verdict; After verdict; or After appeal was filed; If settlement was reached or award was made by court verdict, whether the result was: Directed verdict for plaintiff; Directed verdict for defendant; Judgment notwithstanding the verdict for plaintiff; Judgment notwithstanding the verdict for defendant; Judgment for plaintiff; Judgment for defendant; Judgment for plaintiff, after appeal; Judgment for defendant, after appeal; or Any other; If there was no final judgment or settlement, the date of the final disposition; If there was no final judgment or settlement, the reason for the final disposition; If case did go to trial, whether the case was tried by a jury or tried by a judge; Total amount paid to the claimant; Amount paid by the insurer; Amount paid by the insured due to retention or deductible; If known, the amount paid by an excess carrier; If known, the amount paid by the insured due to settlement or award in excess of policy limits, not including deductible or retention amounts; If known, the amount paid by the insurer due to settlement or award in excess of policy limits, not including deductible or retention amounts; If known, the amount paid by other defendants or contributors; A summary of the occurrence from which the claim or action arose; A description of the misdiagnosis or alleged misdiagnosis made, if any, of the patient's actual condition; A description of the procedure giving rise to the claim; A description of the principal injury giving rise to the claim; The amount of past medical expenses claimed by the plaintiff; The amount of future medical expenses claimed by the plaintiff; The amount of past lost wages claimed by the plaintiff; The amount of future lost wages claimed by the plaintiff; The amount of noneconomic damages claimed by the plaintiff; The amount of other damages claimed by the plaintiff; Whether a structured settlement or periodic payment was used, and if so: The amount of immediate payment; The present value of the projected total future payout, that is, the price of the annuity, if purchased; The projected total future payout; and The cost of the structure; If a neutral expert was used, the findings of a neutral expert witness regarding future medical expenses; If a neutral expert was used, the findings of a neutral expert witness regarding future loss of earning; If case was tried to verdict: The amount awarded for past medical expenses; The amount awarded for future medical expenses; The amount awarded for past lost wages; The amount awarded for future lost wages; The amount awarded for noneconomic damages; and The amount awarded for other damages; The total allocated loss adjustment expense; Of the total allocated loss adjustment expense, the amount representing fees paid to defense counsel; Of the total allocated loss adjustment expense, the amount of expenses not included in the defense counsel fees; Whether there was a claim made for extra contractual damages; The amount claimed for extra contractual damages; Whether a suit was filed or claim was made for extra contractual damages; and Where the suit for the extra contractual damages claim was filed, including: The full name of the court where the suit was filed and the case was tried; The case number or docket number; Whether the claim settled or was tried; If tried, whether the trial was before a judge or jury; The amount paid for the extra contractual damages claim; and Whether the claim was previously reported to the Commissioner. Failure to report in accordance with this chapter may result in the imposition by the Commissioner of a civil penalty of up to $5,000. Insurance Article, §§4-401 and 4-405, Annotated Code of Maryland Effective date: May 22, 2006 (33:10 Md. R. 882) Regulation .02B amended effective January 1, 2018 (44:4 Md. R. 256)