September 15, 2009

Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

RE: LSA Doc #09-142 – Medical Malpractice

Dear Representative Pelath:

On behalf of the Indiana Department of Insurance (Department), I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the Department has determined that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule. The Department published a notice of intent on February 18, 2009. Since that time, the rulemaking process stalled due to other issues. The Department expects to publish a proposed rule by January 31, 2010, and expects to hold a public hearing by March 13, 2010. In order to provide ample time to review comments received at the public hearing and for the appropriate review times, the Department expects to have the final rule approved by June 29, 2010.

The notice setting forth the expected date of approval of LSA Document #09-142 as June 29, 2010, is being submitted in a timely manner. October 26, 2009, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Sincerely,

Edward J. Fujawa

Department of Insurance