HBA-MSH C.S.S.B. 415 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 415
By: Carona
Insurance
4/1/2001
Committee Report (Substituted)



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
nonprofit 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. C.S.S.B. 415
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 rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 2 (Section 3A, Article 21.49-3, Insurance Code) of this bill. 

ANALYSIS

C.S.S.B. 415 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 requires the commissioner
by rule and in consultation with the Texas Department of Human Services to
adopt minimum underwriting standards for for-profit nursing homes that must
be met before a for-profit nursing home is authorized to obtain coverage
through JUA.  The bill requires these standards to ensure the highest
practical level of care for resident of for-profit nursing homes. 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 forprofit nursing homes to the same
requirements as not-for-profit nursing homes.  The bill prohibits the
inclusion of coverage for punitive damages assessed against a physician or
health care provider in a policy of medical liability insurance issued to
or renewed for a physician or health care provider by JUA.  The bill
provides that if in any fiscal year the incurred losses and defense and
cost containment 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. The Act applies only to an insurance policy delivered,
issued for delivery, or renewed on or after January 1, 2002.  



 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 415 modifies the original by requiring the commissioner by rule to
adopt minimum underwriting standards for for-profit nursing homes that must
be met before a for-profit nursing home is authorized to obtain coverage
through the Joint Underwriting Association (JUA).  The substitute requires
these standards to ensure the highest practical level of care for residents
of for-profit nursing homes.  The substitute prohibits the inclusion of
coverage for punitive damages assessed against a physician or healthcare
provider in a policy of medical liability insurance issued to or renewed
for a physician or healthcare provider by JUA. The substitute removes
provisions that require the directors of JUA to determine whether a deficit
sustained by JUA is attributable solely to the activities of physicians and
to levy an assessment on certain policyholders.