|
H.B.
No. 0319 |
Excess
liability account. |
Sponsored By: Representative(s) Wasserburger, Gay and
Jorgensen
AN
ACT relating to a medical malpractice liability; creating the Wyoming excess
liability account; specifying legislative findings and purposes; providing
definitions; specifying requirements; specifying duties; providing for
investment of monies from the account; and providing for effective dates.
1/25/2005 Bill Number Assigned
1/26/2005 H Received for Introduction
1/26/2005 H Introduced and Referred to H01
2/2/2005 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Buchanan, Lubnau,
Olsen, Robinson, Watt and White
Nays:
Representative(s) Bagby and Landon
Ayes 7 Nays 2 Excused
0 Absent 0 Conflicts 0
2/2/2005 H Placed on General File
2/3/2005 H Rereferred to H02
2/4/2005 H02 Recommended Do Pass
ROLL
CALL
Ayes: Representative(s) Jorgensen, Meuli,
Petersen, Philp and Warren
Nays:
Representative(s) Berger and Jones
Excused:
Representative(s) Simpson
Ayes 5
Nays 2 Excused
1 Absent 0 Conflicts 0
2/4/2005 H Placed on General File
HB0319HS001/ADOPTED
Page 4-line 2 Delete
"insurance commissioner" insert "attorney general".
Page 4-line 4 After
"insurer" insert "and proof that if the insurance is cancelled
for any reason that the carrier has agreed to notify the Wyoming attorney
general".
Page 4-line 13 Delete "insurance
commissioner" insert "attorney general".
Page 4-line 18 After "the"
delete balance of the line.
Page 4-line 19 Delete "his
counsel and the".
Page 4-line 20 After
"participate" insert "on behalf of the account".
Page 5-line 12 Delete
"commissioner" insert "attorney general".
Page 5-line 23 Delete "insurance
commissioner" insert "attorney general".
Page 6-line 5 Delete "insurance
commissioner" insert "attorney general".
Page 6-line 8 Delete
"insurance commissioner" insert "attorney general".
Page 6-line 9 After "."
insert "The attorney general shall promulgate rules and regulations as he
considers necessary to carry out the purposes of this act and shall take other
appropriate action to carry out the provisions of this act.".
Page 6-line 16 Delete "insurance
commissioner" insert "attorney general".
Page 6-line 19 After
"account" insert ", on an occurrence basis".
Page 6-line 22 Delete "insurance
commissioner" insert "attorney general".
Page 6-line 22 Delete
"one".
Page 6-line 23 Delete "million
dollars ($1,000,000.00)" insert "six hundred fifty thousand dollars
($650,000.00)".
Page 7-line 6 Delete
"insurance commissioner" insert "attorney general".
Page 7-line 10 Delete "insurance
commissioner" insert "attorney general".
Page 7-line 20 Delete "insurance
commissioner" insert "attorney general".
Page 8-line 4 Delete
"insurance commissioner shall" insert "attorney general
may".
Page 8-line 6 Delete
"insurance commissioner" insert "attorney general".
Page 8-line 10 After "fees"
insert "related to the state's interest in the case".
Page 9-line 2 After "."
insert "The noncompliant physician and his malpractice liability insurance
shall assume all responsibility for defending the claim and payment of any
award under the claim.".
Page 9-line 17 After
"seeking" delete "any".
Page 9-line 18 After
"physician" insert "for noneconomic damages".
Page 9-line 20 Delete "insurance
commissioner" insert "attorney general".
Page 9-line 22 Delete
"shall" insert "may".
Page 10-line 1 Delete
"insurance" insert "attorney general".
Page 10-line 2 Delete
"commissioner".
Page 11-line 9 Before
"reported" delete "if"; delete "can be".
Page 11-line 10 Delete "or"
insert "and".
Page 12-lines 1
through 4 Delete entirely and
insert:
"(c)
Except as otherwise provided by law, personally identifiable information
disclosed to the insurance commissioner pursuant to this section shall be
confidential and shall not be subject to discovery nor be admissible in any
civil action.".
Page 14-line 21 Delete "insurance
commissioner" insert "attorney general". LANDON, CHAIRMAN
2/7/2005 H Passed CoW
HB0319H2001/FAILED
Page 1-line 5 After ";"
insert "providing a repeal date as specified;".
Page 1-line 10 Delete
"35-1-1009" insert "35-1-1010".
Page 12-After line 15 Insert:
"35-1-1010. Sunset of provisions; reversion of funds."
(a) W.S. 35-1-1001
through 35-1-1009 are repealed effective June 30, 2008.
(b) Any funds remaining
in the Wyoming excess liability account created by W.S. 35-1-1002 that are
unencumbered, unobligated or unexpended as of June 30, 2008, and are not needed
to pay any malpractice settlement or claim under this article based upon errors
or omissions alleged to have occurred between the date this article was enacted
into law and June 30, 2008 shall revert to the general fund.".
Page 15-line 14 Delete "July 1,
2008" insert "June 30, 2008.". OSBORN
2/8/2005 H Passed 2nd Reading
HB0319H3001/ADOPTED
Page 3-line 10 Delete "one
million dollars ($1,000,000.00)" insert "six hundred fifty thousand
dollars ($650,000.00)". LANDON
HB0319H3003/ADOPTED
Page 1-line 5 After
"account;" insert "authorizing corresponding modifications in
medical malpractice liability insurance policies;".
Page 8-After line 10 Insert:
"(j)
Any medical malpractice liability insurance policy issued or renewed in
this state on or after the effective date of this article which provides
required coverage under W.S. 35-1-1003(a)(i), may provide that the insurer's
liability under the policy for a claim may be reduced by the amount paid from
the account pursuant to W.S. 35-1-1004(a) for that claim.". GAY
HB0319H3004/ADOPTED
Delete the Landon
third reading amendment (HB0319H3001/A) entirely.
Further amend as
follow:
Page 1-line 4 After ";"
insert "providing for a report;".
Page 1-line 10 Delete
"35-1-1009" insert "35-1-1008".
Page 3-line 8 After "excess
of" delete balance of the line.
Page 3-lines 9 through
11 Delete entirely and insert
"five hundred thousand dollars ($500,000.00), up to a maximum payment by
the state from the account of five hundred thousand dollars ($500,000.00) per
settlement or judgment. In no event
shall the state pay from the account any amounts in excess of one million
dollars ($1,000,000.00) for coverage of any one (1) physician over the term of
any agreement entered pursuant to W.S. 35-1-1003(a)(ii).".
Page 4-line 3 After
"insurance" insert "of at least one million dollars ($1,000,000.00)
coverage per occurrence".
Page 4-line 6 Delete
"an" insert "a written".
Page 4-line 10 Before
"three" insert "no less than".
Page 5-line 1 After "To"
insert "continuously".
Page 5-line 13 Delete "thirty
(30)" insert "fifteen (15)".
Page 5-line 14 After
"article" insert "or if the physician no longer carries the
primary insurance coverage required under paragraph (a)(i) of this
section".
Page 6-line 9 Before
"Subject" insert "No agreements shall be entered into under this
section until final adoption of rules and regulations pursuant to this
subsection.".
Page 6-line 13 Delete
"compensatory"; delete "three hundred".
Page 6-line 14 Delete the line
through "($350,000.00)" insert "five hundred thousand dollars
($500,000.00)".
Page 6-line 17 Delete "three".
Page 6-line 18 Delete the line
through "($350,000.00)" insert "five hundred thousand dollars
($500,000.00)".
Page 6-line 19 Delete the standing
committee amendment (HB0319HS001/A) to this line; after "account"
insert "to the extent payment is within the limitations of this article
and only if the attorney general has fully participated in the case or has
fully participated in and approved the settlement terms".
Page 6-line 21 Delete
"contract" insert "agreement".
Page 6-line 23 Delete the standing
committee amendment (HB0319HS001/A) to this line; delete the line through
"($1,000,000.00)" insert "five hundred thousand dollars
($500,000.00)".
Page 6-line 24 After
"claim" insert "and shall not pay more than one million dollars
($1,000,000.00) in claims or judgments against any one (1) physician over the
term of any agreement entered pursuant to W.S. 35-1-1003(a)(ii)".
Page 7-line 3 Delete the line
through "($1,000,000.00)" insert "five hundred thousand dollars
($500,000.00) for any one (1) claim or judgment".
Page 8-line 14 Delete
"under".
Page 8-line 15 Delete "this
section".
Page 8-line 16 Delete
"contract" insert "agreement"; after "under"
delete balance of the line and insert "W.S. 35-1-1004(b),".
Page 8-line 17 Delete
"section,".
Page 8-line 18 After "account."
insert "Any physician who violates the provisions of the agreement after
any payment is made from the account on the physician's behalf shall be liable
for repayment of the amount paid pursuant to this article.".
Page 9-line 7 After
"agreement" insert "or were made on behalf of a physician who
subsequently violates any provision of the agreement".
Page 9-After line 7 Insert
"(d) The attorney general may make
any payment under this article under any reservation of rights he deems
appropriate to protect the state's interests.".
Page 9-line 22 Delete the standing
committee amendment (HB0319HS001/A) to this line.
Page 9-line 24 After
"negotiations" insert "and allocation of damages between
economic and noneconomic damages".
Page 10-line 1 After "."
insert "No payment shall be made from the account unless the attorney
general fully participates in all aspects of each claim, demand or suit,
including settlement negotiations and allocation of damages between economic
and noneconomic damages.".
Page 10-line 15 Delete "the
particular".
Page 10-line 16 Delete the line through
"or".
Page 10-line 24 After
"Specialty" insert "and primary".
Page 12-lines 1
through 15 Delete entirely including
the standing committee amendment (HB0319HS001/A) to these lines.
Page 15-After line 3 Insert:
"Section 4.
(a)
On or before September 1 of each year, the attorney general shall
annually examine the excess liability account program and submit his report to
the governor and the legislature. The
examination and report shall include an analysis of the following:
(i) The number of claims paid from the account,
including the dollar amount paid for each claim;
(ii) A description of the level of participation of the attorney
general in each case or settlement covered under the account;
(iii) An analysis of how the account is affecting the number of
physicians practicing in the state; and
(iv) An analysis of how the account is affecting medical malpractice
insurance premiums in the state.".
Renumber as
necessary. SIMPSON, BERGER, BROWN
2/9/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Barnard,
Berger, Brechtel, Diercks, Edwards, Esquibel, Gilmore, Gingery, Goggles,
Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Latta,
Lubnau, Luthi, Martin, McOmie, Meuli, Morgan, Olsen, Osborn, Pedersen,
Petersen, Powers, Reese, Robinson, Samuelson, Simpson, Thompson, Walsh, Warren,
Wasserburger, Watt and Zwonitzer.
Nays: Representative(s) Anderson, R., Brown,
Buchanan, Bucholz, Childers, Cohee, Davison, Gay, Hageman, Jones, Landon,
Lockhart, Miller, Philp, Quarberg, Semlek, Slater and White.
Excused:
Representative(s) Jorgensen
Ayes 41 Nays 18 Excused
1 Absent 0 Conflicts 0
2/10/2005 S Received for Introduction
2/11/2005 S Introduced and Referred to S01
3/2/2005 S Motion to Do Pass Failed
ROLL CALL
Ayes:
Senator(s) Decaria and Sessions
Nays:
Senator(s) Hanes and Ross
Excused:
Senator(s) Burns
Ayes 2 Nays 2 Excused
1 Absent 0 Conflicts 0
3/2/2005 S Committee Returned Bill Pursuant to SR 7-3(c)