1-1                                   AN ACT
 1-2     relating to operation of the Texas Medical Liability Insurance
 1-3     Underwriting Association and to participation of nursing homes in
 1-4     that association.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subdivision (6), Section 2, Article 21.49-3,
 1-7     Insurance Code, is amended to read as follows:
 1-8                 (6)  "Health care provider" means:
 1-9                       (A)  any person, partnership, professional
1-10     association, corporation, facility, or institution duly licensed or
1-11     chartered by the State of Texas to provide health care as defined
1-12     in Section 1.03(a)(2) [1.03(2)], Medical Liability and Insurance
1-13     Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-14     Statutes), as:
1-15                             (i)  a registered nurse, hospital, dentist,
1-16     podiatrist, pharmacist, chiropractor, or optometrist;
1-17                             (ii)  a for-profit[,] or not-for-profit
1-18     nursing home;
1-19                             (iii)  [, or] a radiation therapy center
1-20     that is independent of any other medical treatment facility and
1-21     which is licensed by the Texas Department of Health in that
1-22     agency's capacity as the Texas [State] Radiation Control Agency
1-23     pursuant to the provisions of Chapter 401, Health and Safety Code,
1-24     and which is in compliance with the regulations promulgated under
1-25     that chapter;
 2-1                             (iv)  [by the Texas State Radiation Control
 2-2     Agency,] a blood bank that is a nonprofit corporation chartered to
 2-3     operate a blood bank and which is accredited by the American
 2-4     Association of Blood Banks;
 2-5                             (v)  [,] a nonprofit corporation which is
 2-6     organized for the delivery of health care to the public and which
 2-7     is certified under Chapter 162, Occupations Code; [Article 4509a,
 2-8     Revised Civil Statutes of Texas, 1925,] or
 2-9                             (vi)  a [migrant] health center as defined
2-10     by 42 U.S.C. Section 254b [P.L. 94-63], as amended; [(42 U.S.C.
2-11     Section 254b), or a community health center as defined by P.L.
2-12     94-63, as amended (42 U.S.C. Section 254c), that is receiving
2-13     federal funds under an application approved under either Title IV,
2-14     P.L. 94-63, as amended (42 U.S.C. Section 254b), or Title V, P.L.
2-15     94-63, as amended (42 U.S.C. Section 254c),] or
2-16                       (B)  an officer, employee, or agent of an entity
2-17     listed in Paragraph (A) of this subdivision [any of them] acting in
2-18     the course and scope of that person's [his] employment.
2-19           SECTION 2.  Section 3A, Article 21.49-3, Insurance Code, is
2-20     amended by adding Subsection (c) to read as follows:
2-21           (c)  In consultation with the Texas Department of Human
2-22     Services, the commissioner shall, by rule, adopt minimum rating
2-23     standards for for-profit nursing homes that must be met before a
2-24     for-profit nursing home may obtain coverage through the
2-25     association.  The standards must promote the highest practical
2-26     level of care for residents of those nursing homes.
 3-1           SECTION 3.  Subdivision (1), Subsection (b), Section 4,
 3-2     Article 21.49-3, Insurance Code, is amended to read as follows:
 3-3                 (1)  The rates, rating plans, rating rules, rating
 3-4     classification, territories, and policy forms applicable to the
 3-5     insurance written by the association and statistics relating
 3-6     thereto shall be subject to Subchapter B of Chapter 5 of the
 3-7     Insurance Code, as amended, giving due consideration to the past
 3-8     and prospective loss and expense experience for medical
 3-9     professional liability insurance within and without this state of
3-10     all of the member companies of the association, trends in the
3-11     frequency and severity of losses, the investment income of the
3-12     association, and such other information as the commissioner [board]
3-13     may require; provided, that if any article of the above subchapter
3-14     is in conflict with any provision of this Act, this Act shall
3-15     prevail.  For purposes of this article, rates, rating plans, rating
3-16     rules, rating classifications, territories, and policy forms for
3-17     for-profit nursing homes are subject to the requirements of Article
3-18     5.15-1 of this code to the same extent as not-for-profit nursing
3-19     homes.
3-20           SECTION 4.  Section 4, Article 21.49-3, Insurance Code, is
3-21     amended by adding Subsection (d) to read as follows:
3-22           (d)  A policy of medical liability insurance issued to or
3-23     renewed for a physician or health care provider by the association
3-24     under this article may not include coverage for punitive damages
3-25     assessed against the physician or health care provider.
3-26           SECTION 5.  Section 4A, Article 21.49-3, Insurance Code, is
 4-1     amended to read as follows:
 4-2           Sec. 4A.  POLICYHOLDER'S STABILIZATION RESERVE FUND.
 4-3     (a)  There is hereby created a policyholder's stabilization reserve
 4-4     fund which shall be administered as provided herein and in the plan
 4-5     of operation of the association.
 4-6           (b)  Each policyholder shall pay annually into the
 4-7     stabilization reserve fund a charge, the amount of which shall be
 4-8     established annually by advisory directors chosen by health care
 4-9     providers and physicians eligible for insurance in the association
4-10     in accordance with the plan of operation.  The charge shall be in
4-11     proportion to each premium payment due for liability insurance
4-12     through the association.  Such charge shall be separately stated in
4-13     the policy, but shall not constitute a part of premiums or be
4-14     subject to premium taxation, servicing fees, acquisition costs, or
4-15     any other such charges.
4-16           (c)  The [policyholder's] stabilization reserve fund shall be
4-17     collected and administered by the association and shall be treated
4-18     as a liability of the association along with and in the same manner
4-19     as premium and loss reserves.  The fund shall be valued annually by
4-20     the board of directors as of the close of the last preceding year.
4-21           (d)  Except as provided by Subsection (e) of this section,
4-22     collections [Collections] of the stabilization reserve fund charge
4-23     shall continue only until such time as the net balance of the
4-24     stabilization reserve fund is not less than the projected sum of
4-25     premiums to be written in the year following valuation date.
4-26           (e)  If in any fiscal year the incurred losses and defense
 5-1     and cost-containment expenses from physicians or any single
 5-2     category of health care provider result in a net underwriting loss
 5-3     and exceed 25 percent of the stabilization reserve fund, as valued
 5-4     for that year, the commissioner may by order direct the initiation
 5-5     or continuation of the stabilization reserve fund charge for
 5-6     physicians or that category of health care provider until the fund
 5-7     recovers the amount by which those losses and cost-containment
 5-8     expenses exceed 25 percent of the fund.
 5-9           (f)  The stabilization reserve fund shall be credited with
5-10     all stabilization reserve fund charges collected from policyholders
5-11     and shall be charged with any deficit from the prior year's
5-12     operation of the association.
5-13           SECTION 6.  Sections 2, 3A, and 4, Article 21.49-3, Insurance
5-14     Code, as amended by this Act, apply only to an insurance policy
5-15     delivered, issued for delivery, or renewed on or after January 1,
5-16     2002.  A policy delivered, issued for delivery, or renewed before
5-17     January 1, 2002, is governed by the law as it existed immediately
5-18     before the effective date of this Act, and that law is continued in
5-19     effect for that purpose.
5-20           SECTION 7.  This Act takes effect September 1, 2001.
                                                                S.B. No. 415
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 415 passed the Senate on
            March 8, 2001, by a viva-voce vote; May 9, 2001, Senate refused to
            concur in House amendment and requested appointment of Conference
            Committee; May 10, 2001, House granted request of the Senate;
            May 18, 2001, Senate adopted Conference Committee Report by a
            viva-voce vote.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 415 passed the House, with
            amendment, on May 3, 2001, by a non-record vote;  May 10, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 16, 2001, House adopted Conference Committee Report
            by a non-record vote.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor