81R14524 TJS-D
By: Deuell S.B. No. 2418
A BILL TO BE ENTITLED
AN ACT
relating to availability of professional liability insurance under
a self-insurance trust for health care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2212.054, Insurance Code,
is amended to read as follows:
Sec. 2212.054. POWERS AND DUTIES OF TRUST.
SECTION 2. Section 2212.054(a), Insurance Code, is amended
to read as follows:
(a) A trust may:
(1) purchase, on behalf of the members of the
association that created the trust or other members who are
licensed to practice medicine or dentistry in this state, [medical]
professional liability insurance, specific excess insurance,
aggregate excess insurance, and reinsurance, as necessary in the
opinion of the trustees;
(2) purchase required risk management services; and
(3) pay claims that arise under any deductible
provisions.
SECTION 3. Section 2212.054, Insurance Code, is amended by
adding Subsection (c) to read as follows:
(c) A trust may not make membership in the association that
created the trust a condition of issuing a contract for
professional liability insurance or other insurance to a person
licensed to practice medicine or dentistry in this state.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.