78R8546 AJA-D

By:  Pena                                                         H.B. No. 2246



A BILL TO BE ENTITLED

AN ACT

relating to rating guidelines for medical professional liability 
insurance. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 5.15-1, Insurance Code, is amended by 
adding Section 11 to read as follows:
	Sec. 11.  CERTAIN RATING GUIDELINES PROHIBITED.  An insurer 
may not consider a notice of claim letter received by an insured or 
applicant for insurance under Section 4.01, Medical Liability and 
Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas 
Civil Statutes), for the purposes of determining the rate that will 
be charged for the insurance.
	SECTION 2.  The change in law made by this Act applies only 
to a policy of medical professional liability insurance issued or 
renewed on or after January 1, 2004.  A policy of medical 
professional liability insurance issued before January 1, 2004, is 
governed by the law in effect immediately before the effective date  
of this Act, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.