Sec. 38a-676a. Review of professional liability rates for physicians and surgeons, hospitals, advanced practice registered nurses and physician assistants. Working group. Recommendations.
Sec. 38a-676a. Review of professional liability rates for physicians and surgeons, hospitals, advanced practice registered nurses and physician assistants.
Working group. Recommendations. (a) Not earlier than October 1, 2008, the Insurance Commissioner shall review professional liability insurance rates in this state for
physicians and surgeons, hospitals, advanced practice registered nurses and physician
assistants to determine whether (1) the amount or frequency of insured awards and
settlements against physicians and surgeons, hospitals, advanced practice registered
nurses and physician assistants have decreased since October 1, 2005, (2) such rates
reflect any such decrease, and (3) such rates bear a reasonable relationship to the costs
of writing such insurance in this state. In conducting the review, the commissioner shall
examine the rates for such insurance under policies issued by (A) captive insurers and
risk retention groups, to the extent such information is available to the commissioner,
and (B) insurers licensed in this state.
(b) If after such review the commissioner determines that such insurance rates have
not decreased, and such insurance rates are not reasonably related to the costs of writing
such insurance in this state, the commissioner shall convene a working group in accordance with subsection (c) of this section. The working group shall consider, among other
things, the amounts of awards and settlements during the prior ten years and shall recommend appropriate revisions, if any, to the general statutes in order to decrease rates
or establish reasonable rates. Such revisions may include, but need not be limited to,
reasonable limitations on noneconomic damages awards, revisions to procedures used
by insurers to establish rates, and regulation of reimbursement rates paid by health
insurers and health care centers to health care providers in this state. The working group
shall submit its recommendations to the General Assembly and the Governor in accordance with section 11-4a.
(c) Any working group convened pursuant to subsection (b) of this section shall
consist of:
(1) The chairpersons and ranking members, or their designees, of (A) the joint standing committees of the General Assembly having cognizance of matters relating to the
judiciary, public health and insurance, and (B) the Legislative Program Review and
Investigations Committee;
(2) One member appointed by the Connecticut Medical Society;
(3) One member appointed by the Connecticut Hospital Association;
(4) One member appointed by the Connecticut Trial Lawyers Association;
(5) One representative of a patient advocacy group appointed by the speaker of the
House of Representatives;
(6) One representative of a medical malpractice insurer licensed and actively doing
business in this state appointed by the president pro tempore of the Senate;
(7) The Commissioner of the Office of Health Care Access, or a designee; and
(8) The Insurance Commissioner.
(P.A. 05-275, S. 12; P.A. 06-196, S. 166.)
History: P.A. 06-196 made technical changes in Subsec. (a), effective June 7, 2006.