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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

SENATE BILL 415

SENATE AUTHOR: Carona et al.

EFFECTIVE: 9-1-01

HOUSE SPONSOR: Naishtat et al.

            Senate Bill 415 amends the Insurance Code to include a for-profit nursing home as a health care provider eligible to obtain coverage from the Texas Medical Liability Insurance Underwriting Association and makes certain insurance underwriting provisions for for-profit nursing homes subject to certain statutory requirements to the same extent as not-for-profit nursing homes. The bill requires the commissioner of insurance to adopt minimum rating standards for for-profit nursing homes before such homes may obtain coverage through the association. The bill allows the commissioner to order the initiation or continuation of a stabilization reserve fund charge for physicians or a particular category of health care provider if in any fiscal year the losses and certain expenses from physicians or that provider category has resulted in a net underwriting loss in excess of 25 percent of the fund. The bill prohibits a policy of medical liability insurance issued to or renewed for a physician or health care provider by the association from including coverage for punitive damages assessed against the physician or provider. The bill removes certain community health centers from the definition of "health care provider" for purposes of coverage from the association.