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H.B. No. 1011 |
Medical malpractice insurance account. |
Sponsored By: Joint Appropriations Interim Committee
AN ACT relating to medical malpractice premiums; creating the medical malpractice insurance assistance account; authorizing assistance for payment of physicians' medical malpractice insurance premiums as specified; providing requirements; specifying duties; providing an appropriation; and providing for an effective date.
7/09/2004 Bill Number Assigned
7/12/2004 H Received for Introduction
7/12/2004 H Introduced and Referred to HCW
7/12/2004 H Placed on General File
HB1011HW001/ADOPTED
Page 4-After line 13 Insert:
"(iii) "Contracting entity" means an entity which contracts with a health care facility to provide physician services to the facility and which in fulfillment of such a contract procures medical malpractice insurance for physicians providing the contracted services;".
Page 8-After line 10 Insert:
"(e) Any contracting entity shall be eligible to receive a loan under this section to the same extent as an individual physician. The contracting entity shall be required to establish that for the physicians whose services the entity provides, the entity has procured insurance which meets the requirements specified in subsection (c) of this section. The contracting entity shall be further required to contract with the state agreeing to meet the requirements of paragraphs (d)(iii) through (v) of this section, with the entity agreeing to meet the requirements imposed upon individual physicians. The contracting entity shall also agree that each physician within its contracting group shall meet the provision of service requirements of paragraphs (d)(i) and (ii) of this subsection, with the duration being modified to a period of the lesser of the time the physician is a member of the contracting entity's group or three (3) years.".
Page 8-line 13 After "physician" insert "or the contracting entity receiving a loan under this section".
Page 8-line 17 After "purchased" insert "by the individual physician or the contracting entity".
Page 8-line 21 After "physician" insert "or contracting entity".
Page 9-line 2 After "physician" insert "or contracting entity".
Page 9-line 10 After "physician" insert "or contracting entity".
Page 9-line 13 After "physicians" insert "or contracting entities".
Page 9-line 14 After "physician" insert "or contracting entity".
Page 9-line 20 After "physician" insert "or contracting entity".
Renumber as necessary. PROSSER
HB1011HW002/FAILED
Page 7-line 4 After "(d)" insert "Except as provided in subsection (e) of this section,".
Page 8-After line 10 Insert:
"(e) As an alternative to the contract under subsection (d) of this section, and upon approval of the application for assistance, the physician may enter into a contract with the state, wherein any loan made under this subsection shall be deemed paid in full upon fulfillment of the terms of the contract entered into under this subsection. In any contract entered into under this section, the physician shall agree:
(i) To practice in this state in his area of medical specialty or subspecialty for a minimum of five (5) years;
(ii) To provide medical care during that five (5) year period to Wyoming residents qualified under the Wyoming Medical Assistance and Services Act or the Child Health Insurance Program established under W.S. 35-25-101 who are seeking medical care which the physician is qualified to provide;
(iii) To submit documentation to establish that the physician has complied with the terms of the contract and to determine the amount of the loan that should be made;
(iv) To immediately repay all funds loaned pursuant to this article, together with accrued interest at an annual rate of two percent (2%), attorney fees and costs incurred in collection, if the physician breaches the contract during the five (5) year period.".
Page 9-line 4 Delete "(c)" insert "(d) or (e)"
Renumber as necessary. WARREN
7/13/2004 H Passed CoW
HB1011H2001/ADOPTED
Page 8-line 18 After "section" insert "and shall be prorated for the percentage of the physician's or the contracting entity's actual practice in Wyoming". ROSS
HB1011H2002/ADOPTED
Page 1-line 4 After ";" insert "providing for state loans to physicians for participation in risk retention groups as specified; providing for repayment;".
Page 3-line 21 Delete "and 35-1-902" insert "through 35-1-903".
Page 5-line 12 Delete "section" insert "article".
Page 5-line 15 Delete "section" insert "article".
Page 8-line 7 Delete "article" insert "section".
Page 9-After line 21 Insert:
"35-1-903. Assistance for risk retention group participation; duties of the department; requirements for assistance; breach.
(a) Any physician who is licensed and practicing in the state may apply to the department for a loan to be used to pay the cost of the physician's participation in a risk retention group providing medical malpractice coverage insurance coverage. Upon approval of the application for a loan, the physician shall enter into a contract with the state, wherein the physician shall agree:
(i) To practice in the area of medical specialty or subspecialty for the entire period of time for which the loan under this section remains unpaid;
(ii) To provide medical care, for the entire period of time the loan under this section remains unpaid, to Wyoming residents qualified under the Wyoming Medical Assistance and Services Act or the Child Health Insurance Program established under W.S. 35‑25‑101 who are seeking medical care which the physician is qualified to provide;
(iii) To submit documentation to establish that the physician has complied with the terms of the contract and to determine the amount of the loan that should be provided under this section;
(iv) To provide the state with a security interest in the physician's membership or shareholder interest in the risk retention group;
(v) To repay any loans made under this section within ten (10) years from the date of disbursement of loan proceeds, together with interest at the annual rate of two percent (2%); and
(vi) To immediately repay all funds distributed to the physician pursuant to this section, together with attorney fees and costs incurred in collection, for any contract period in which the physician is in breach of the contract.
(b) At the times specified in the contract but in no event less than once per year, the physician shall submit documentation to the department showing compliance with the terms of the contract. The amount of loan to be made shall be the amount applied for but not to exceed one hundred fifty percent (150%) of the physician's most recent annual malpractice insurance premium. The department may approve the making of the loan upon its determination of compliance with this section. Loan proceeds shall not be disbursed until the physician has paid or immediately will pay for his participation in the risk retention group.
(c) If funding available from the account is insufficient to pay assistance for all physicians who apply for assistance under this article, the department may at its discretion reduce the payments to pay each eligible physician a pro rata amount.
(d) Any physician who fails or refuses to fulfill the terms of the contract required under subsection (a) of this section shall be in breach of the contract. Loans under this section shall be subject to the provisions of W.S. 35-1-902(f) and (g).
(e) No loan shall be made under this section unless the physician has completed and submitted an application to the department on or before January 15, 2005.
Page 10-line 1 Delete "eight million two".
Page 10-line 2 Delete through "($8,200,000.00)" insert "sixteen million two hundred thousand dollars ($16,200,000.00)".
Page 10-line 4 After "premiums" insert ", loans for risk retention group participation". NICHOLAS
7/14/2004 H Passed 2nd Reading
HB1011H3001/FAILED
Page 9-after line 21 In the Nicholas second reading amendment (HB1011H2002/A) to this line, in W.S. 35‑1‑903(a)(intro) created by that amendment, after "group" insert ", of which the majority of ownership interest is held by Wyoming physicians,"; before "insurance" delete "coverage". NICHOLAS
HB1011H3002/FAILED (CORRECTED COPY)
Delete the Nicholas second reading amendment (HB1011H2002/A) entirely. JORGENSEN
7/15/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Brechtel, Buchanan, Bucholz, Cooper, Diercks, Edwards, Esquibel, Gentile, Hageman, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Reese, Robinson, Ross, Simpson, Slater, Thompson, Walsh and Warren.
Nays: Representative(s) Allen, Baker, Childers, Cohee, Gilmore, Jones, Jorgensen, Landon, Miller, D., Prosser, Semlek, Wasserburger and Wostenberg.
Ayes 47 Nays 13 Excused 0 Absent 0 Conflicts 0
7/15/2004 S Received for Introduction
7/15/2004 S Introduced and Referred to S12
7/15/2004 S12 Recommended Place on 3rd Reading
ROLL CALL
Ayes: Senator(s) Kunz, Larson, Mockler, Schiffer and Vasey
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
7/15/2004 S Placed on 3rd Reading Pursuant to Joint Rule 20
See SF1011 in accordance with the Joint Rules of the Special Session