1. Office of Risk Management Annual Conference 2010 REGIONAL CONFERENCE GENERAL LIABILITY CLAIMS MEDICARE MSA SECTION 111 REPORTING NEW LEGISLATION

2. Office of Risk Management Annual Conference GENERAL LIABILITY CLAIMS KATHLEEN GASSER, CLAIMS MANAGER kathleen.gasser@la.gov 225-342-8433 JIMMY MEAUX, CLAIMS SUPERVISOR jimmy.meaux@la.gov 225-342-8463

3. Office of Risk Management Annual Conference GENERAL LIABILITY TEAM  JIMMY MEAUX, SUPERVISOR  TOM BLUFF  PENNY BUCHANAN  BARBARA BURNS  LYNDA COLOMB  JIMMY MARTIN  BERTHA MEISNER  BYNIE WELLS  MARION WILLETT  DIANE WILLIAMS

4. Office of Risk Management Annual Conference WHAT DO WE COVER?  THE STATE OF LOUISIANA PROVIDES INSURANCE COVERAGE FOR THIRD PARTY BODILY INJURY AND PROPERTY DAMAGE CLAIMS FOR WHICH THE AGENCY COULD BE HELD LEGALLY LIABLE.

5. Office of Risk Management Annual Conference GENERAL LIABILITY CLAIMS  CLAIMS ALLEGING DAMAGES IN TORT DUE TO NEGLIGENCE BY THE STATE OF LOUISIANA, STATE EMPLOYEES AND/OR STATE AGENCIES.

6. Office of Risk Management Annual Conference GENERAL LIABILITY NEW CLAIMS  GENERAL LIABILITY CLAIMS INCREASED IN 2007 DUE TO THE INFLUX OF HURRICANE KATRINA CLAIMS FILED PRIOR TO THE SPECIAL 2 YEAR DEADLINE.  2009 INCREASES IN NEW CLAIMS WERE RECEIVED FROM DOC AND THE UNIVERSITIES.

7. Office of Risk Management Annual Conference CIVIL RIGHTS NEW CLAIMS  CIVIL RIGHTS CLAIM COUNT INCREASED IN 2006 AND 2007 DUE THE NUMBER OF CLAIMS FILED AGAINST DEPARTMENT OF CORRECTIONS AFTER HURRICANE KATRINA.  2009 INCREASE DUE TO AN INCREASE IN DOC CLAIMS.

8. Office of Risk Management Annual Conference GENERAL LIABILITY CLOSED CLAIMS  CLOSED CLAIMS INCLUDE BOTH LITIGATED AND NON-LITIGATED CLAIMS.  THE INCREASE OF CLOSED CLAIMS SEEN IN 2007 IS GREATEST AT THE UNIVERSITIES FOR NON-LITIGATED CLAIMS.

9. Office of Risk Management Annual Conference CIVIL RIGHTS CLOSED CLAIMS  IN 2006 WE CLOSED ALMOST 100 MORE LITIGATED CLAIMS AGAINST DEPARTMENT OF CORRECTIONS THAN IN 2007 AND 2008.  SEVERAL OF THE LAWSUITS HAD MULTIPLE PLAINTIFFS

10. Office of Risk Management Annual Conference 2009 PENDING CLAIMS  GENERAL LIABILITY 1,657  CIVIL RIGHTS 809  TOTAL 2466

11. Office of Risk Management Annual Conference  NEW CLAIMS: 1,112  CLOSED: 668  PENDING: 1,657  PAID: $6,748,890.79  SETTLEMENTS: 134 PERFORMANCE OVERVIEW GL

12. Office of Risk Management Annual Conference PERFORMANCE OVERVIEW CR  NEW CLAIMS: 253  CLOSED: 206  PENDING: 809  PAID: $2,676,233.10  SETTLEMENTS 38

13. Office of Risk Management Annual Conference CUSTOMER SERVICE  ONE ADJUSTER WILL HANDLE CGL CLAIMS FOR THE ENTIRE AGENCY IN ORDER TO PROVIDE MORE EFFECTIVE CUSTOMER SERVICE.

14. Office of Risk Management Annual Conference HOW TO REPORT A CLAIM  For injuries sustained by visitors to your agency, have agency contact complete the CGL claim form found on our website:  www.doa.la.gov/orm www.doa.la.gov/orm

15. Office of Risk Management Annual Conference When a Loss Occurs  All Property which has been damaged is to be protected against further damage and is to be made available for inspection by a claims adjuster assigned by ORM.  The agency is not to assume any obligation or incur any expenses without the authority of ORM.

16. Office of Risk Management Annual Conference REPORTING CGL CLAIMS  IN WRITING TO:  JIMMY MEAUX, SUPERVISOR  KATHLEEN GASSER, MANAGER  OFFICE OF RISK MANAGEMENT  P. O. BOX 91106  BATON ROUGE, LA 70821-9106  IF LOSS IS SERIOUS IN NATURE, PLEASE TELEPHONE IT IN TO (225) 219-0168.

17. Office of Risk Management Annual Conference REPORTING FORMS  http://doa.louisiana.gov/orm/word/glloss.doc http://doa.louisiana.gov/orm/word/glloss.doc  http://doa.louisiana.gov/orm/word/DA3000.doc http://doa.louisiana.gov/orm/word/DA3000.doc

18. Office of Risk Management Annual Conference

22. How You Can Help  Tell us about conditions that contributed to the accident:  Wet floor, any warning signs?  Holes, barriers, irregular surface  Lighting  Weather  Handicap  Eyeglasses  Carrying anything that might obstruct vision

23. Office of Risk Management Annual Conference WHAT TO SAY TO THE CLAIMANT  YOU WILL REPORT THE INCIDENT TO YOUR INSURER, ORM.  DO NOT PROMISE THAT THE CLAIM WILL BE PAID.  DO NOT SEND ANYONE TO A DOCTOR OR PROMISE TO COVER MEDICAL BILLS.  COVERAGE OF THE CLAIM AND LIABILITY ISSUES ARE DETERMINED BY ORM.

24. Office of Risk Management Annual Conference Take Photographs of the Scene  Label with name of injured party and date  Take some photos that show location and landmarks

25. Office of Risk Management Annual Conference PRESERVE EVIDENCE  TAG AND LABEL DAMAGED ITEMS WITH CLAIMANT’S NAME AND DATE OF LOSS.  DO NOT DISCARD ITEM.  PHOTOGRAPHS SHOULD LIST DATE OF LOSS, CLAIMANT NAME AND PHOTOGRAPHER’S NAME.  DIAGRAMS, MEASUREMENTS, AND MAPS ARE USEFUL.  WITNESS NAMES AND CONTACT INFORMATION SHOULD BE PROVIDED TO ORM.

26. Office of Risk Management Annual Conference NEW CLAIM HOW YOU CAN HELP ORM

27. Office of Risk Management Annual Conference HIGH EXPOSURE POTENTIAL CLAIM  SERIOUS INJURY  DEATH  FIRE  EXPLOSION  MAJOR PRIVATE PROPERTY DAMAGE

28. Office of Risk Management Annual Conference LIMITATION OF LIABILITY FOR PUBLIC ENTITIES  R.S. 9:2800  …NO PERSON SHALL HAVE A CAUSE OF ACTION BASED SOLEY UPON LIABILITY IMPOSED UNDER CC ARTICLE 2317 AGAINST A PUBLIC ENTITY FOR DAMAGES CAUSED BY THE CONDITION OF THINGS WITHIN ITS CARE AND CUSTODY UNLESS IT HAD ACTUAL OR CONSTRUCTIVE NOTICE OF THE VICE OR DEFECT, HAD REASONABLE OPPORTUNITY TO REMEDY IT AND FAILED TO DO SO.

29. Office of Risk Management Annual Conference LIMITED LIABILITY  ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF DEFECT OR DANGEROUS CONDITION  TIME TO REMEDY THE CONDITION  FAILURE TO DO SO

30. Office of Risk Management Annual Conference WHAT IF A LAWSUIT NAMES A STATE EMPLOYEE AS A DEFENDANT? IF YOU ARE SUED

31. Office of Risk Management Annual Conference LOUISIANA GOVENMENTAL CLAIMS ACT  R.S. 13:5101 et seq.  ARISING OUT OF THE DISCHARGE OF HIS OFFICIAL DUTIES OR WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT

32. Office of Risk Management Annual Conference EMPLOYEE COVERAGE R.S.13:5108.1  INDEMNIFICATION OF STATE EMPLOYEES  ORM IS THE INSURER  STATE EMPLOYEE OR AGENCY IS THE INSURED  DEPARTMENT OF JUSTICE PROVIDES DEFENSE

33. Office of Risk Management Annual Conference YOU MUST REQUEST REPRESENTATION BY THE ATTORNEY GENERAL  WITHIN 10 DAYS OF DATE OF SERVICE OF THE PETITION  INCLUDE A COPY OF THE PETITION AND SERVICE INFORMATION

34. Office of Risk Management Annual Conference FREQUENTLY ASKED QUESTIONS ???

35. Office of Risk Management Annual Conference  WERE WE NEGLIGENT IN MAINTAINING A SAFE ENVIRONMENT?  TAKE PICTURES OF THE AREA OF THE FALL  NOTE WHETHER CLAIMANT WAS WEARING GLASSED, CARRY THINGS, AND WHAT TYPE OF SHOES WORN  PROVIDE CONTACT INFORMATION AND WITNESS DATA DO WE COVER TRIP AND FALLS?

36. Office of Risk Management Annual Conference FALLS THAT INVOLVE A CHAIR?  ONLY IF AGENCY IS NEGLIGENT IN MAINTAINING CHAIR IN SAFE CONDITION  IF BROKEN, SAVE IT AND LABEL IT  NOTE MANUCATURER AND SUPPLIER OF THE CHAIR, IF DEFECTIVE  TAKE PICTURES AND LABEL  PROVIDE WITNESS DATA

37. Office of Risk Management Annual Conference TRIP AND FALLS IN ELEVATORS?  PROVIDE MAINTENANCE COMPANY INFORMATION  CHECK TO SEE IF MALFUNCTION WAS PREVIOUSLY REPORTED

38. Office of Risk Management Annual Conference LOSS OF PERSONAL PROPERTY  MUST DETERMINE CARE, CUSTODY AND CONTROL  IF PROPERTY WAS LEFT BEHIND AND THEN LOST OR STOLEN, IT WOULD BE ABANDONMENT BY THE OWNER, NOT NEGLIGENCE ON THE PART OF THE STATE

39. Office of Risk Management Annual Conference DAMAGE TO PRIVATE CAR?  FALLING TREE BRANCHES? DEPENDS ON WHETHER IS WAS LIVE OR VISABLY DEAD. NEED PHOTOS OF TREE, BRANCH AND AUTO  GATE ARM? IF IT MALFUNCTIONED  VANDALISM BY UNKNOWN PERSON? NO  OUR MOWER? YES, IF AUTO WAS INSURED  NEED PROOF OF INSURANCE

40. Office of Risk Management Annual Conference THEFT OR BURGLARY OF PRIVATE AUTO  THE STATE IS NOT THE INSURER OF PRIVATELY OWNED AUTOS. WE ACT AS A GRATUITOUS DEPOSITORY ONLY.

41. Office of Risk Management Annual Conference DO WE COVER INJURIES OR DAMAGES CAUSED BY WILDLIFE?  VEHICLE TRAVELING ON STATE HIGHWAY HITS A DEER? NO  VISITOR TO STATE PARK RECEIVES INSECT BITE/SNAKE BITE? NO

42. Office of Risk Management Annual Conference MEDICARE MANDATORY REPORTING  SECTION 111 OF PUBLIC LAW 110-173  MEDICARE BENEFICIARIES WHO RECEIVE SETTLEMENTS/JUDGMENTS THAT INCLUDE MEDICAL PAYMENTS MUST BE REPORTED IN 2010

43. Office of Risk Management Annual Conference MEDICARE REPORTING  MEDICARE NUMBER OR  SOCIAL SECURITY NUMBER  DATE OF BIRTH  GENDER  CORRECTLY SPELLED NAME AS ON THE SSN CARD

44. Office of Risk Management Annual Conference MEDICARE REPORTING  INSURANCE INFORMATION NOTICE 2010-1  REPORTING REQUIREMENTS FOR SECTION 111 OF THE MEDICARE, MEDICAID AND SCHIP EXTENSION ACT OF 2007

45. Office of Risk Management Annual Conference EMPLOYMENT LIABILITY  LILLY LEDBETTER FAIR PAY ACT OF 2009  SIGNED JANUARY 29, 2009  EACH PAYCHECK THAT DELIVERS DISCRIMINATORY COMPENSATION IS A WRONG ACTIONABLE UNDER EEO STATUTES

46. Office of Risk Management Annual Conference FAIR PAY ACT OF 2009  APPLIES TO ALL CLAIMS OF DISCRIMINATORY COMPENSATION  RETROACTIVE EFFECTIVE DATE OF MAY 28, 2007  ADDITIONAL INFORMATION AT HTTP://WWW1.EEOC.GOV//LAWS/STATUTES/EP A_LEDBETTER.CFM HTTP://WWW1.EEOC.GOV//LAWS/STATUTES/EP A_LEDBETTER.CFM

47. Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  EFFECTIVE JANUARY 1, 2009  EXPANDS THE DEFINITION OF MAJOR LIFE ACTIVITIES

48. Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  REJECTS A STRICT INTERPRETATION OF THE DEFINITION OF DISABILITY  ADA TO PROVIDE BROAD COVERAGE

49. Office of Risk Management Annual Conference ADA FURTHER INFORMATION  NOTICE CONCERNING ADA AMENDMENTS ACT OF 2008  www.eeoc.gov/ada/amendments www.eeoc.gov/ada/amendments

50. Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  EFFECTIVE JANUARY 16, 2009  IMPLEMENTS MILITARY FAMILY LEAVE  GUIDANCE ON QUALIFYING EXIGENCIES  EMPLOYER NOTICE REQUIREMENTS  FINAL RULES EFFECT ON ATTENDANCE  INTERMITTENT LEAVE  GUIDANCE ON CERTAIN SERIOUS HEALTH CONDITIONS

51. Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  FOR FURTHER INFORMATION:  www.dol.gov/esa/whd/fmla www.dol.gov/esa/whd/fmla

52. Office of Risk Management Annual Conference NEW LEGISLATION  THREE ACTS THAT PROTECT VOLUNTEERS OR LIMIT CIVIL LIABILITY IN EMERGENCY SITUATIONS  ACTS: 295, 231, 397  ACT 372: PROTECTS HEALTHCARE PROVIDERS WHO REFUSE TO PROVIDE CERTAIN SERVICES  ACT 13: VENUE LA GOVERNMENTAL CLAIMS ACT