Proposed Action on Rules
NOTICE OF AVAILABILITY OF LIABILITY INSURANCE PURSUANT TO INSURANCE CODE
ARTICLE 21.49-3, §3B, TEXAS MEDICAL LIABILITY INSURANCE UNDERWRITING
ASSOCIATION ACT
Notice is hereby given pursuant to Insurance Code, Article 21.49-3, §3B,
that the Commissioner will consider a petition by the staff of the Texas Department
of Insurance proposing that the Commissioner (1) determine that appropriate
liability insurance coverage written by insurers authorized to engage in business
in this state is not reasonably available to the following types of health
care practitioners and health care facilities: perfusionists; ambulatory surgery
centers (surgicenters); (2) designate by order that perfusionists and surgicenters
be included as health care providers eligible to receive coverage under Article
21.49-3, §3B(b), and (3) order that perfusionists and surgicenters be
included under the policyholder’s stabilization reserve fund established
under Article 21.49-3, §4A.
Pursuant to Insurance Code, Article 21.49-3, §3B, after notice and
opportunity for hearing, the commissioner may (1) determine that appropriate
liability insurance coverage written by insurers authorized to engage in business
in this state is not reasonably available to a type of health care practitioner
or health care facility; and (2) by order designate that type of health care
practitioner or health care facility to be included as a health care provider
eligible to receive coverage under Article 21.49-3, §3B. The Commissioner’s
order may indicate whether a health care practitioner or health care facility
designated by the Commissioner under Insurance Code, Article 21.49-3 will
be included under the policyholder’s stabilization reserve fund established
under Article 21.49-3 §4A or 4B or under a separately created policyholder’s
stabilization reserve fund.
Copies of the full text of the staff petition are available for review
in the Office of the Chief Clerk of the Texas Department of Insurance, 333
Guadalupe Street, Austin, Texas, 78701. For further information or to request
copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327,
refer to (Reference No. P-0304-03-I).
Any interested person may request the Commissioner to hold a hearing before
it acts on staff’s pending petition. A public hearing on this matter
will not be held unless a separate written request for a hearing is submitted
to the Office to the Chief Clerk within 30 days after publication of this
notice in the
Texas Register
.
Comments or a request for a hearing may be submitted in writing within
30 days after publication of this notice in the
Texas Register
to the Office of the Chief Clerk, MC 113-2A, P.O. Box
149104, Austin, Texas 78714-9104. An additional copy of the comment or request
for a hearing should be submitted simultaneously to Marilyn Hamilton, Associate
Commissioner, Property & Casualty Program, Mail Code 104-PC, P.O. Box
149104, Austin, Texas, 78714-9104.
TRD-200402187
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 29, 2004