HB 484 (BR 1336) - M. Denham
AN ACT relating to medical malpractice insurance.
Amend KRS 304.13-051 to require filing of medical malpractice insurance rates with the Department of Insurance; create new sections of Subtitle 13 of KRS Chapter 304 to prohibit certain components from being included in a medical malpractice rate filing; restrict premiums for medical malpractice polices covering health care providers who deliver one or more babies per year; require the commissioner of insurance on or before April 1 of each year to determine if there are any medical specialties in the state which are essential as a matter of public policy and which must be protected from certain adverse actions relating to medical malpractice insurance that may impair the availability of these essential medical specialties to residents of this state; direct the commissioner to provide the list of essential medical specialties to each insurer that issues medical malpractice coverage to health care providers practicing in any of the essential medical specialties; require an insurer that intends to cancel, terminate, or otherwise not renew a medical malpractice policy of an essential medical specialist to provide 120 days notice to the health care provider and allow the commissioner to delay the insurer's intended action for up to 60 days if the commissioner determines a replacement policy is not readily available; require an insurer that intends to cancel, terminate, or otherwise not renew all medical malpractice policies issued to essential medical specialists to provide 120 days notice to the commissioner and the health care providers and allow the commissioner to delay the insurer's intended action for up to 60 days if the commissioner determines replacement policies are not readily available; designate medical specialties in this Act until the commissioner acts to designate specialties; require the commissioner to collect certain information from insurers to make certain an insurer issuing policies of medical malpractice insurance is complying with applicable standards for rates; require medical malpractice insurers to submit a report on a claim to the commissioner within 45 days after a claim is adjudicated to final judgment against the health care provider; require the commissioner to collect and maintain the information; repeal KRS 304.40-310 pertaining to reporting of settled or adjudicated medical malpractice claims.
Feb 14-introduced in House
Feb 18-to Banking and Insurance (H)