HBA-TBM H.B. 1000 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1000
By: Naishtat
Insurance
3/2/2001
Introduced



BACKGROUND AND PURPOSE 

Escalating liability insurance costs are making it difficult for nursing
homes to obtain coverage.  In addition, the number of underwriters for
nursing home liability insurance has decreased over the past two years.
While the commissioner of insurance took action this interim to allow
non-profit nursing homes to purchase insurance from the Texas Medical
Liability Insurance Underwriting Association, commonly referred to as the
Joint Underwriting Association (JUA), law prohibits for-profit nursing
homes from joining JUA to purchase liability insurance.  House Bill 1000
authorizes for-profit nursing homes to purchase liability insurance from
JUA.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1000 amends the Insurance Code to modify the operation of the
Texas Medical Liability Insurance Underwriting Association, commonly
referred to as the Joint Underwriting Association (JUA) and the
participation of nursing homes in JUA.  The bill adds for-profit nursing
homes to the definition of health care provider under the Texas Medical
Liability Insurance Underwriting Association Act.  The bill provides that
the commissioner of insurance (commissioner) rather than the State Board of
Insurance may require any other information to be given due consideration
by JUA for applicability to the insurance written by JUA.  The bill
subjects the rates for for-profit nursing homes to the same requirements as
not-for-profit nursing homes.  The bill provides that if in any fiscal year
the incurred losses and defense and costcontainment expenses from
physicians or any single category of health care provider result in a net
underwriting loss and exceed 25 percent of the stabilization reserve fund,
as valued for that year, the commissioner is authorized to direct the
initiation or continuation of the stabilization reserve fund charge for
physicians or that category of health care provider until the fund recovers
the amount by which those losses and cost-containment expenses exceed 25
percent of the fund.   

EFFECTIVE DATE

September 1, 2001.  This Act applies only to an insurance policy delivered,
issued for delivery, or renewed on or after January 1, 2002.