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BILL AS INTRODUCED 2007-2008

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S.125

Introduced by Senator White of Windham District, Senator Condos of Chittenden District, Senator Flanagan of Chittenden District and Senator Kittell of Franklin District

Referred to Committee on

Date:

Subject:  Insurance; health care providers; medical malpractice  

Statement of purpose:  This bill proposes to establish a statewide association captive insurance company and require all health care providers and facilities to obtain medical malpractice insurance from this captive insurance company.

AN ACT RELATING TO ESTABLISHING A STATEWIDE ASSOCIATION CAPTIVE insurance company FOR MEDICAL MALPRACTICE INSURANCE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 9409a is added to read:

§ 9409a.  ASSOCIATION CAPTIVE INSURANCE COMPANY; MEDICAL
  MALPRACTICE

(a)  For the purposes of this section:

(1)  “Association captive insurance company” shall have the same meaning as in section 6001 of Title 8.

(2)  “Health care facility” shall have the same meaning as in section 9402 of this title.

(3)  “Health care provider” shall have the same meaning as in section 9402 of this title.

(b)  The commissioner shall facilitate the formation, in accordance with chapter 141 of Title 8, of an association captive insurance company that shall commence operation no later than July 1, 2008 and shall provide medical malpractice coverage for every health care provider and health care facility in this state.

(c)  The commissioner, in consultation with the office of professional regulation in the secretary of state’s office, shall adopt rules that require all health care providers and health care facilities in the state to obtain medical malpractice insurance from the association captive insurance company established pursuant to subsection (b) of this section.  Such rules may contain any other provision necessary to implement this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us