GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 155

Short Title:        Medical Malpractice Insurance Coverage.		(Public)
Sponsors:	Representative Faison (Primary Sponsor). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Insurance, if favorable, Commerce and Job Development.

February 22, 2011

A BILL TO BE ENTITLED

AN ACT to establish a comprehensive classification rating plan for professional liability insurance for physicians.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 40 of Chapter 58 of the General Statutes is amended by adding a new section to read:

"§ 58-40-26.  Rates for professional liability insurance for physicians.

(a) Notwithstanding any law to the contrary, the Commissioner of Insurance shall establish and implement a comprehensive classification rating plan for professional liability insurance for physicians in this State. No such classification plan shall base any standard or rating plan for professional liability insurance for physicians, in whole or in part, directly or indirectly, on the specialty or type of medicine that is practiced by the physicians. With regard to establishing rates, the risk pool for professional liability insurance for physicians shall be based on the pool of all physicians licensed and practicing medicine in this State.

(b) No insurer shall base any standard or rating plan for professional liability insurance for physicians, in whole or in part, directly or indirectly, on the specialty or type of medicine that is practiced by the physicians.

(c) As used in this section, the term "physician" means an individual licensed to practice medicine, surgery, or any of the branches thereof, as set forth in G.S. 90-9.1.

(d) This section does not apply to any of the following:

(1) Physicians assistants.

(2) Nurse practitioners.

(3) Individuals who, pursuant to the provisions of Chapter 90 of the General Statutes, are licensed, who are otherwise registered or certified to engage in the practice of, or who otherwise perform duties associated with any of the following: dentistry, pharmacy, optometry, midwifery, chiropractic, nursing, physiotherapy and massage therapy, pathology, polysomnography, respiratory care, laboratory analysis, dental hygiene, or psychology."

SECTION 2.  The Commissioner of Insurance shall amend or adopt rules to implement this act.

SECTION 3.  This act becomes effective October 1, 2011, and applies to policies issued or renewed on or after that date.