FIRST REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KUESSNER (Sponsor), HARRIS (110), HENKE, WAGNER,
ROBINSON, BRINGER, SHOEMYER, WITTE, AULL, BARNITZ AND SWINGER (Co-sponsors).
Read 1st time February 23, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 383, RSMo, by adding thereto one new section relating to premium rates for medical malpractice insurance.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 383, RSMo, is amended by adding thereto one new section, to be known as section 383.510, to read as follows:
383.510. 1. Notwithstanding any other provision of law to the contrary, every insurer providing medical malpractice insurance in this state shall establish a premium rate for insurance purchased by health care providers who provide services in counties of the third and fourth classification based on the claims or claims history in such counties. Such premium rates may be adjusted for health care providers who do not provide services exclusively in counties of the third and fourth classification based on the percentage of services provided outside such counties.
2. For purposes of this section, the following terms mean:
(1) "Health care provider" includes physicians, dentists, clinical psychologists, pharmacists, optometrists, podiatrists, registered nurses, physicians' assistants, chiropractors, physical therapists, nurse anesthetists, anesthetists, emergency medical technicians, hospitals, nursing homes and extended care facilities; but shall not include any nursing service or nursing facility conducted by and for those who rely upon treatment by spiritual means alone in accordance with the creed or tenets of any well-recognized church or religious denomination;
(2) "Medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as a result of the negligence or malpractice in rendering professional service by any health care provider.