MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Insurance
By: Representative Stevens, Dedeaux
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE COMPREHENSIVE RISK POOL FOR MEDICAL MALPRACTICE INSURANCE; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE COMMISSIONER OF INSURANCE SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT A PLAN OF OPERATION FOR THE POOL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The purpose of this act is to provide a market to make necessary medical malpractice insurance available for physicians, registered nurses and all other personnel who are duly licensed to practice in a hospital and hospitals.
SECTION 2. As used in this act, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:
(a) "Pool" means the Comprehensive Risk Pool for Medical Malpractice established under Section 3 of this act.
(b) "Commissioner" means the Commissioner of Insurance.
(c) "Medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any physician or nurse who is fully licensed, whose license is current and who is not under any restriction by his respective board of licensure.
(d) "Physician" means a person who is fully licensed under Section 73-25-1 et seq., whose license is current and who is not under any restriction by the Board of Medical Licensure.
(e) "Other personnel" means persons, other than physicians or nurses who are covered by professional medical or hospital liability coverage, or both.
SECTION 3. (1) The commissioner shall establish the Comprehensive Risk Pool for Medical Malpractice that shall be funded by the participants in the pool.
(2) The purpose of the pool is to provide a market for medical malpractice insurance on a self-supporting basis.
(3) The commissioner shall promulgate rules and regulations to implement a plan of operation for the pool to ensure that the pool remains actuarially sound.
(4) The pool may issue policies of medical malpractice insurance to hospitals, physicians, nurses or other personnel who are duly licensed to practice in a hospital or other health care facility licensed by the State of Mississippi.
(5) This act shall not preclude any physician, nurse or other personnel who are duly licensed to practice in a hospital or other health care facility licensed by the State of Mississippi or hospital from procuring medical malpractice insurance from any source other than the association.
SECTION 4. This act shall take effect and be in force from and after July 1, 2003.