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Patty v. Christus Health Northern Louisiana8/22/2001
ion. Instead, La.R.S. 40:1299.47(A)(2)(b) details such a process:
The request for review of the claim under this Section shall be deemed filed on the date of receipt of the complaint stamped and certified by the board or on the date of mailing of the complaint if mailed to the board by certified or registered mail. (Emphasis added).
"The board" referred to in the above provision is the Patient's Compensation Fund Oversight Board created in La.R.S. 40:1299.44(D). See La.R.S. 49:1299.41(A)(5).
Clearly, the legislature intended that a request for review be filed with the Division of Administration rather than with the Board as a wholly separate entity. A review of the legislative history shows that the original wording of Act 664 of 1997 specifically directed that requests for review be filed with the PCF (the Board), but a Senate floor amendment changed the filing agency from the PCF to the Division of Administration. Focusing solely upon this change, it can be argued that the legislature intended that claims be filed with the Division of Administration instead of the Board; however, reading the change together with the next provision reasonably leads to the conclusion that the legislature intended that claims be filed with the Division of Administration through the Board. Although the intent behind the language change is not clear, it may be that while the legislature wanted all malpractice claims, those against private health care providers as well as state providers, to be filed "with" the Division of Administration for purposes of suspending or interrupting prescription, the legislature desired the filing to be physically accomplished by sending the claims directly to those charged with the responsibility for processing them. In the case of claims against state health care providers, this is the Commissioner of Administration. La.R.S. 40:1299.39.1(A)(3). In the case of private health care providers, this is the Board. La.R.S. 40:1299.47(A)(3).
This interpretation of the statutory language does not lead to absurd results, but harmonizes the provisions of Subsection (A)(2)(a) with those of Subsection (A)(2)(b) of La.R.S. 40:1299.47. Furthermore, filing a request for review by sending it directly to the Board makes practical sense considering that the Board is charged with the duty of acting upon the claim within 15 days of receipt. La.R.S. 40:1299.47(A)(3). Finally, we note that nothing in the law suggests that the Board is so unconnected with the Division of Administration that it cannot reasonably be deemed to act on behalf of the Division of Administration in receiving requests for review.
We therefore conclude that when a request for review of a malpractice claim is received by or mailed either to the Board in accordance with La.R.S. 40:1299.47(A)(2)(b) or the Commissioner of Administration, the request for review is deemed filed with the Division of Administration as required by Subsection (A)(2)(a) for purposes of suspension or interruption of prescription on the malpractice claim. Accordingly, we affirm the district court's interlocutory judgment denying defendant's exception of prescription.
Conclusion
For the reasons set forth above, the judgment of the district court denying defendant's exception of prescription is AFFIRMED.
Costs are assessed to defendant-applicant, Christus Schumpert.
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