Current through Register Vol. XLI, No. 38, September 20, 2024
Section 115-7-8 - Initial Review and Determination8.1. The director shall appoint an application review committee, consisting of three individuals, including an agency claims manager or assistant claims manager, and two other managerial or professional employees or contractors.8.2. Upon receipt of an application for compensation, the application review committee shall undertake an evaluation, investigation and review of the application for compensation.8.3. Based upon its review, analysis and investigation, the application review committee shall make a written recommendation to the executive review committee whether payment should be made from the fund and the amount of payment to be made from the fund consistent with the award in the underlying medical liability action, the evidence, the applicable law, and the purpose and best interests of the fund.8.4. The application review committee shall determine on the basis of evidence presented to it or gathered by it, the following matters: 8.4.a. Whether the claimant is a qualified claimant;8.4.b. Whether the petition for compensation was filed in accordance with the act and these rules;8.4.c. Whether there has been an award of economic damages as a result of a medical injury in a civil action filed under the medical professional liability act;8.4.d. Whether the claimant has satisfactorily established that he or she has exhausted all reasonable means to recover economic damages from all applicable liability insurance, including pursuing all available legal means to determine applicability and availability of liability insurance coverages from all responsible persons;8.4.e. The portion of the economic damages awarded that is uncollectible as a result of the statutory limitations on recovery of economic damage.