Analysis

Synopsis:

 Relating to medical malpractice by removing hospitals from the definition of, health care provider, in the Medical Malpractice Act. 

Analysis:

 Under the Medical Malpractice Act, definitions are modified by striking the term hospitals from the listing of health care providers subject to the Act.
To be qualified under the Medical Malpractice Act certain assurances are required. The list of qualified health care providers excludes hospitals, and outpatient health care facilities. However, hospitals are now removed under HB 74. 
Qualification under the Medical Malpractice Act requires that a health care provider can prove its financial responsibility by filing proof with the State Superintendent of Insurance that the are insured by a malpractice liability insurance policy or at least two hundred thousand dollars ($200,000) per occurrence or for an individual health care provider. 
In addition, a certain level of funding is to be kept on deposit or as specified by the Superintendent of Insurance. 
In another section of the Act, hospitals and outpatient health facilities are provided direction by the State Superintendent of Insurance of base coverage or deposit. Again the reference to ,hospital, is removed under HB 74.
It is to be noted that a health care provider not qualifying under the Act shall not have the benefit of any of the provisions of the Medical Malpractice Act in the event of a malpractice claim against such health care provider. 

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