§29-12B-1. Short Title
This article may be cited as the "West Virginia Health Care Provider Professional Liability Insurance Availability Act."
§29-12B-10. Deposit, Expenditure and Investment of Premiums
(a) The premiums charged and collected by the board under this article shall be deposited into a special revenue account hereby created in the state Treasury known as the "Medical Liability Fund", and shall not be part of the general revenues of the state. Disbursements from the special revenue fund shall be upon requisition of […]
§29-12B-11. Payments for Settlement or Judgment
All payments made in satisfaction of any settlement or judgment shall be in accordance with the procedures established by the board. No settlement or judgment may be paid until there is recorded in the office of the executive director: (1) A certified copy of a final judgment against a health care provider insured by either […]
§29-12B-12. Information Exempt From Disclosure
Any specific claim reserve information is exempt from public disclosure under the freedom of information act set forth in article one, chapter twenty-nine-b of this code.
§29-12B-13. Appeal Bond
In the event of a judgment against a health care provider from which the health care provider or the board wishes to appeal, the board is not liable for more than its share of the coverage and, as to that portion, a supersedeas bond signed by the board's administrator or his or her designee, shall […]
§29-12B-14. Effective Date and Termination of Authority
Policies written under this article may have an effective date retroactive to the effective date of this article. Except as provided in subsection (n), section six of this article, the authority of the board of risk and insurance management to issue medical liability policies under this article shall cease upon the board's transfer, in accordance […]
§29-12B-2. Legislative Findings
The Legislature finds and declares that there is a need for the State of West Virginia to assist in making professional liability insurance available for certain necessary health care providers in West Virginia to assure that quality medical care is available for the citizens of the state.
§29-12B-3. Definitions
As used in this article, the following terms have the meanings set forth herein: (a) "Board" means the state Board of Risk and Insurance Management. (b) "Health care provider" means: (1) A person licensed by the West Virginia Board of Medicine to practice medicine in this state;
§29-12B-6. Health Care Provider Professional Liability Insurance Programs
(a) There is hereby established through the board of Risk and Insurance Management optional insurance for health care providers consisting of a preferred professional liability insurance program and a high risk professional liability insurance program. (b) Each of the programs described in subsection (a) of this section shall provide claims-made coverage for any covered act […]
§29-12B-7. Eligibility Criteria for Participation in Health Care Provider Professional Liability Insurance Programs
(a) Only those health care providers unable to obtain medical professional liability insurance because it is not available through the voluntary insurance market from insurers licensed to transact insurance in West Virginia at rates approved by the commissioner are eligible to obtain coverage pursuant to the provisions of this article: Provided, That any health care […]
§29-12B-8. Preferred Professional Liability Insurance Program
(a) Eligibility to participate in the preferred professional liability insurance program shall be determined by underwriting criteria approved by the board and set forth in a written underwriting manual, and shall be subject to rates approved by the board and set forth in a written rating manual. Participation in the preferred professional liability insurance program […]
§29-12B-9. High Risk Professional Liability Insurance Program
(a) The rate charged participants in the high risk professional liability insurance program may be higher than those established and approved by the board for participants in the preferred professional insurance program as set forth in a written rating manual. Risks may be refused coverage under criteria approved by the board, as set forth in […]