|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the operation of certain self-insurance trusts for |
|
health care liability claims; requiring a certificate of authority |
|
to engage in the business of insurance. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2212.002, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 2212.002. TRUST [NOT] ENGAGED IN BUSINESS OF |
|
INSURANCE. A trust is [not] engaged in the business of writing |
|
professional liability insurance for members of the profession |
|
licensed to practice medicine or dentistry and is governed by |
|
[under] this code and other laws of this state, and this code, |
|
including Subtitle B, Title 10, applies [, other than this chapter,
|
|
does not apply] to the trust[, except as provided by Section
|
|
2212.052]. |
|
SECTION 2. Sections 2212.052 and 2212.053, Insurance Code, |
|
are repealed. |
|
SECTION 3. (a) In order to continue operating after the |
|
effective date of this Act, a trust operating under Chapter 2212, |
|
Insurance Code, shall prepare and not later than January 1, 2016, |
|
submit to the commissioner of insurance a transition plan requiring |
|
the trust to obtain a certificate of authority to engage in the |
|
business of writing professional liability insurance in this state |
|
and be organized under and governed by the laws of this state. The |
|
transition plan must ensure that contractual obligations of the |
|
trust are fulfilled. |
|
(b) Not later than September 1, 2016, the commissioner of |
|
insurance shall by rule adopt or modify the transition plan to |
|
provide for the orderly transition of the operations of the trust |
|
under this Act. |
|
(c) Not later than January 1, 2017, the commissioner of |
|
insurance shall take any action necessary to reflect the fact that, |
|
as of January 1, 2017, the trust is an insurance company writing |
|
professional liability insurance organized under and governed by |
|
the laws of this state. |
|
SECTION 4. (a) Section 2 of this Act takes effect January 1, |
|
2017. |
|
(b) Except as provided by Section 3 of this Act and |
|
Subsection (a) of this section, this Act takes effect September 1, |
|
2015. |