HB 1305 -- Medical Malpractice Insurance

Sponsor:  Byrd

This bill makes changes to the laws governing medical malpractice
insurance.  In its main provisions, the bill:

(1)  Prohibits insurance companies and other entities providing
malpractice insurance to health care providers in Missouri from:

(a)  Increasing charges without 60 days' prior notice to the
insured;

(b)  Refusing to renew policies without 60 days' prior notice,
unless the refusal to renew is based upon nonpayment of insurance
premiums or license termination or suspension; and

(c)  Ceasing to issue insurance policies without 180 days' prior
notice to the Division of Insurance;

(2)  Requires the division to establish 12 to 24 risk-reporting
categories for medical malpractice premiums and regulations for
reporting premiums by category by May 30, 2005;

(3)  Requires insurance companies and other entities providing
malpractice insurance to health care providers in Missouri to
provide the division, by June 1, 2005, and annually thereafter,
with reports on premium rates charged by category;

(4)  Requires the division, by December 31, 2006, and annually
thereafter, to establish and publish a market rate reflecting the
median of the actual rates charged for each risk-reporting
category for the preceding year; and

(5)  Provides that, after January 1, 2007, insurance premium
rates charged by insurance companies and other entities providing
malpractice insurance to health care providers in Missouri which
are no greater than 20% higher or lower than published market
rate will be presumed reasonable, and rates greater than 20%
higher or lower will be presumed unreasonable.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am