§ 242.10. Self-insurers.
(a) This chapter applies to approved and accepted self-insurance plans and self-insurers.
(b) Self-insurers shall pay the surcharge to the Fund accompanied by the reporting forms required under § 242.6 (relating to reporting forms and procedures) within 60 days of the effective date of the self-insurance plan and on an annual basis thereafter within 60 days of the inception of the annual self-insurance period.
The provisions of this § 242.10 issued under sections 206 and 506 of The Administrative Code of 1929 (71 P. S. § § 66 and 186); section 701(e)(4) of the Health Care Services Malpractice Act (40 P. S. § 1301.701(e)(4)); and 2 Pa.C.S. § 102(a).
The provisions of this § 242.10 adopted October 15, 1976, effective October 16, 1976, 6 Pa.B. 2565; renumbered February 9, 1979, 9 Pa.B. 498; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282. Immediately preceding text appears at serial page (36684).
Notes of Decisions
These provisions provide for resolution of complaints of adverse agency action, and as such, do not provide adequate remedy or preclude litigant from seeking relief in court, where issue is Cat Funds failure to pay share of malpractice claim settlement, which places Fund in position of defendant, as opposed to its designed position of participant and/or arbiter. Ohio Cas. Group of Ins. Companies v. Argonaut Ins. Co., 525 A.2d 1195 (Pa. 1987).
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