(1) If a patient accepts an offer of compensation made pursuant to section 25-51-103 (5) and receives the compensation, the payment of compensation to the patient is not a payment resulting from: (a) A written claim or demand for payment; (b) A final judgment, settlement, or arbitration award against a health-care professional or health-care institution for medical malpractice for purposes of section 13-64-303; (c) A malpractice claim settled or in which judgment is rendered against a professional for purposes of reporting by malpractice insurance companies under section 10-1-120, 10-1- 120.5, 10-1-121, 10-1-124, 10-1-125, 10-1-125.3, 10-1-125.5, or 10-1-125.7; (d) A final judgment against, settlement entered into by, or arbitration award paid on behalf of an applicant for malpractice under section 12-30-102 (4)(h); or (e) A judgment, administrative action, settlement, or arbitration award involving malpractice under section 12-200-106 (5), 12-210-105 (5), 12-215-115 (1)(i), 12-220-201 (1)(q) or (1)(r), 12-235-111 (1)(i), 12-240-125 (4)(b)(III), 12-245-226 (7), 12-250-116, 12-255-119 (3)(b)(II), 12-255-120 (1)(dd), 12-275-120 (1)(p) or (1)(v), 12-275-129, 12-280-126 (1)(t), 12- 285-120 (1)(o), 12-285-127 (1)(a), 12-285-211 (1)(k), 12-285-216 (1)(a), or 12-290-113 (2)(b)(III). (2) As a condition of an offer of compensation under section 25-51-103 (5), a health-care provider or health facility may require a patient to execute all documents and obtain any necessary court approval to resolve an adverse health-care incident. The parties shall negotiate the form of the documents or obtain court approval as necessary.
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