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On page 1 of Floor Amendment 25, strike lines 3-24.
On page 8, line 6, after "insured", add provided that the rate
was adequate and not artificially inflated prior to or after the
determination of constitutionality.
On page 8, line 11, insert new subsection (A) that reads:
If the commissioner makes no determination as to a rate
reduction in accordance with Article 5.163, Section 1, then an
insurer may not charge an insured for professional liability
insurance for physicians and health care providers issued or
renewed on or after the second anniversary of the 30th day after the
effective date of the constitutional amendment containing a
$250,000 cap on noneconomic damages in all health care liability
claims or the date the cap was determined to be constitutional and
before the third anniversary of the 30th day after the effective
date of the constitutional amendment or the date the cap was
determined to be constitutional an amount that exceeds 80 percent
of the amount the insurer charged or would have charged the insured
for the same coverage.
On page 8, after new subsection (A), insert new subsection
(B) that reads:
If the commissioner makes no determination as to a rate
reduction in accordance with Article 5.163, Section 1, then an
insurer may not charge an insured for professional liability
insurance for physicians and health care providers issued or
renewed on or after the third anniversary of the 30th day after the
effective date of the constitutional amendment containing a
$250,000 cap on noneconomic damages in all health care liability
claims or the date the cap was determined to be constitutional and
before the fourth anniversary of the 30th day after the effective
date of the constitutional amendment or the date the cap was
determined to be constitutional an amount that exceeds 75 percent
of the amount the insurer charged or would have charged the insured
for the same coverage.