reglab/housing_qa huggingface dataset:
TX Ins Code § 2202.206 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2202 - Joint Underwriting|Subchapter E. Disciplinary Actions And|Section 2202.206. Application After Denial, Refusal, or Revocation

Sec. 2202.206.  APPLICATION AFTER DENIAL, REFUSAL, OR REVOCATION.  (a)  Except as provided by Subsection (b), an applicant for a certificate of authority or certificate holder whose certificate of authority has been denied, refused, or revoked under this chapter may not file another application for a certificate of authority before the first anniversary of the effective date of the denial, refusal, or revocation.(b)  If an applicant or certificate holder seeks judicial review of a denial, refusal, or revocation, the applicant or certificate holder may not file another application for a certificate of authority before the first anniversary of the date of a final court order or decree affirming the denial, refusal, or revocation.(c)  If an applicant files an application after the date specified by this section, the commissioner may refuse the application unless the applicant shows good cause why the denial of the previous application or the refusal to renew or the revocation of the original certificate of authority should not be a bar to the issuance of a new certificate.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2202.207 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2202 - Joint Underwriting|Subchapter E. Disciplinary Actions And|Section 2202.207. Additional Sanctions; Injunction

Sec. 2202.207.  ADDITIONAL SANCTIONS; INJUNCTION.  (a)  An association that violates this chapter or a rule or order adopted under this chapter is subject to sanctions under Chapter 82.(b)  The attorney general, a district or county attorney, or the commissioner may institute proceedings for an injunction or any other proceeding necessary to enforce this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.001 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter A. General Provisions|Section 2203.001. Short Title

Sec. 2203.001.  SHORT TITLE.  This chapter may be cited as the Texas Medical Liability Insurance Underwriting Association Act.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.002 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter A. General Provisions|Section 2203.002. Definitions

Sec. 2203.002.  DEFINITIONS.  In this chapter:(1)  "Assisted living facility" means a for-profit or not-for-profit assisted living facility.(2)  "Association" means the joint underwriting association established under this chapter.(3)  "Board of directors" means the board of directors of the association.(4)  "Health care provider" means:(A)  a person, partnership, professional association, corporation, facility, or institution licensed or chartered by this state to provide health care, as defined in Section 74.001(a)(10), Civil Practice and Remedies Code, as:(i)  a registered nurse, dentist, podiatrist, pharmacist, chiropractor, or optometrist;(ii)  a hospital;(iii)  a nursing home;(iv)  a radiation therapy center that is independent of any other medical treatment facility, is licensed by the Department of State Health Services in that agency's capacity as the Texas Radiation Control Agency under Chapter 401, Health and Safety Code, and is in compliance with the regulations adopted under that chapter;(v)  a blood bank that is a nonprofit corporation chartered to operate a blood bank and is accredited by the American Association of Blood Banks;(vi)  a nonprofit corporation that is organized for the delivery of health care to the public and is certified under Chapter 162, Occupations Code;(vii)  a health center, as defined by 42 U.S.C. Section 254b, as amended; or(viii)  an assisted living facility; or(B)  an officer, employee, or agent of an entity listed in Paragraph (A) acting in the course and scope of that person's office, employment, or agency.(5)  "Medical liability insurance" means primary and excess liability insurance coverage against:(A)  the legal liability of the insured; and(B)  loss, damage, or expense incident to a claim arising out of the death or injury of a person as the result of negligence in rendering or failing to render professional service by a health care provider or physician who is in a category eligible for coverage by the association.(6)  "Net direct premiums" means gross direct premiums written on automobile liability and other liability insurance written under this code, less:(A)  policyholder dividends;(B)  return premiums for the unused or unabsorbed portion of premium deposits; and(C)  return premiums on canceled contracts written on the liability risks.(7)  "Nursing home" means a for-profit or not-for-profit nursing home.(8)  "Physician" means a person licensed to practice medicine in this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.003 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter A. General Provisions|Section 2203.003. Immunity

Sec. 2203.003.  IMMUNITY.  Liability does not exist on the part of, and a cause of action does not arise against, the association, an association agent or employee, an insurer, an agent licensed under this code, the commissioner or department, or an authorized representative of the commissioner or department for a statement made in good faith by any of them:(1)  in a report or communication concerning risks insured or to be insured through the association; or(2)  at an administrative hearing conducted in connection with the report or communication.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.004 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter A. General Provisions|Section 2203.004. Applicability of Other Law

Sec. 2203.004.  APPLICABILITY OF OTHER LAW.  The association is subject to Sections 401.051, 401.052, 401.054-401.062, 401.151, 401.152, 401.155, and 401.156 and Subchapter A, Chapter 86.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.005 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter A. General Provisions|Section 2203.005. Relationship to Surplus Lines Insurance

Sec. 2203.005.  RELATIONSHIP TO SURPLUS LINES INSURANCE.  The association is not an authorized insurer for purposes of Chapter 981 with respect to medical liability insurance for physicians.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.051 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.051. Purpose of Association

Sec. 2203.051.  PURPOSE OF ASSOCIATION.  The association provides medical liability insurance on a self-supporting basis.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.052 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.052. Board of Directors

Sec. 2203.052.  BOARD OF DIRECTORS.  (a)  The association is governed by a board of directors composed of the following nine members:(1)  five representatives of insurers that are required to be association members, elected by association members;(2)  one physician, appointed by the Texas Medical Association or a successor to that association;(3)  one representative of hospitals, appointed by the Texas Hospital Association or a successor to that association; and(4)  two public members, appointed by the commissioner.(b)  The board members serve one-year terms beginning on October 1 of each year.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.053 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.053. Plan of Operation

Sec. 2203.053.  PLAN OF OPERATION.  (a)  The association operates under a plan of operation adopted by the commissioner.(b)  The plan of operation must:(1)  provide for economic, fair, and nondiscriminatory administration;(2)  provide for the prompt and efficient provision of medical liability insurance; and(3)  contain other provisions, including provisions relating to:(A)  the establishment of necessary facilities;(B)  the association's management;(C)  the assessment of members and policyholders to defray losses and expenses;(D)  the administration of the policyholder's stabilization reserve funds;(E)  commission arrangements;(F)  reasonable and objective underwriting standards;(G)  the acceptance, assumption, and cession of reinsurance;(H)  the appointment of servicing insurers; and(I)  procedures for determining amounts of insurance to be provided by the association.(c)  The plan of operation must direct that any revenue exceeding expenditures that remains in the association's funds at the close of the association's fiscal year, after the association reimburses members' contributions in accordance with Section 2203.255(a), be added to the association's reserves.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.054 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.054. Amendments to Plan of Operation

Sec. 2203.054.  AMENDMENTS TO PLAN OF OPERATION.  Amendments to the plan of operation:(1)  shall be made at the commissioner's direction; or(2)  may be made by the board of directors, subject to the commissioner's approval.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.055 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.055. Joint Underwriting Association Membership

Sec. 2203.055.  JOINT UNDERWRITING ASSOCIATION MEMBERSHIP.  (a)  The association is composed of each insurer, including a Lloyd's plan and a reciprocal or interinsurance exchange, authorized to write and writing liability insurance, including automobile liability insurance, on a direct basis in this state, other than:(1)  a farm mutual insurance company authorized under Chapter 911; and(2)  a county mutual insurance company authorized under Chapter 912.(b)  An insurer that is a member of the association must remain a member as a condition of the insurer's authority to engage in the business of the insurance described by Subsection (a).(c)  Each association member participates in the writings, expenses, and losses of the association in the proportion that the net direct premiums of the member, excluding the portion of premiums attributable to the operation of the association, written during the preceding calendar year bears to the aggregate net direct premiums written in this state by all association members.(d)  The association shall annually determine a member's participation in the association on the basis of the net direct premiums written by the member during the preceding calendar year, as reported in the annual statements and other reports the member files as required by the department.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.056 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter B. Association Administration and Operation|Section 2203.056. Annual Statement; Additional Information

Sec. 2203.056.  ANNUAL STATEMENT; ADDITIONAL INFORMATION.  (a)  Not later than March 1 of each year, the association shall file with the department a statement that contains information regarding the association's transactions, condition, operations, and affairs during the preceding calendar year.(b)  The statement must:(1)  contain the matters and information required by the department; and(2)  be in the form approved by the department.(c)  The department at any time may require the association to provide additional information regarding the association's transactions or condition, or any related matter considered to be:(1)  material; and(2)  of assistance in evaluating the scope, operation, and experience of the association.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.101 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter C. Eligibility for Coverage|Section 2203.101. General Eligibility

Sec. 2203.101.  GENERAL ELIGIBILITY.  (a)  The commissioner shall by order establish the categories of physicians and health care providers that are eligible to obtain insurance coverage from the association.  The commissioner may revise the order to:(1)  include as eligible for that coverage other categories of physicians and health care providers; or(2)  exclude from eligibility for that coverage particular categories of physicians and health care providers.(b)  If a category of physicians or health care providers is excluded from eligibility to obtain insurance coverage from the association, the commissioner may determine, after notice of at least 10 days and a hearing, that medical liability insurance is not otherwise available.  On that determination, the previously excluded category is eligible to obtain insurance coverage from the association.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.102 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter C. Eligibility for Coverage|Section 2203.102. Insurer of Last Resort for Certain Nursing Homes and Assisted Living Facilities

Sec. 2203.102.  INSURER OF LAST RESORT FOR CERTAIN NURSING HOMES AND ASSISTED LIVING FACILITIES.  (a)  A nursing home or assisted living facility not otherwise eligible for insurance coverage from the association under Section 2203.101 is eligible for that coverage if the home or facility demonstrates, in accordance with the requirements of the association, that the home or facility:(1)  made a verifiable effort to obtain insurance coverage from authorized insurers and eligible surplus lines insurers; and(2)  was unable to obtain substantially equivalent insurance coverage and rates.(b)  In consultation with the Department of Aging and Disability Services, the commissioner by rule shall adopt minimum rating standards for for-profit nursing homes and for-profit assisted living facilities that must be met before a for-profit nursing home or for-profit assisted living facility may obtain insurance coverage through the association.  The standards must promote the highest practical level of care for residents of the nursing homes and assisted living facilities.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.1021 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter C. Eligibility for Coverage|Section 2203.1021. Volunteer Health Care Providers

Sec. 2203.1021.  VOLUNTEER HEALTH CARE PROVIDERS.  (a)  In this section:(1)  "Charitable organization" has the meaning assigned by Section 84.003, Civil Practice and Remedies Code.(2)  "Volunteer health care provider" has the meaning assigned by Section 84.003, Civil Practice and Remedies Code.(b)  The association shall make available medical liability insurance or appropriate health care liability insurance covering a volunteer health care provider for the legal liability of the person against any loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence in rendering or the failure to render professional service while acting in the course and scope of the person's duties as a volunteer health care provider as described by Chapter 84, Civil Practice and Remedies Code.(c)  A volunteer health care provider who is serving as a direct service volunteer of a charitable organization is eligible to obtain from the association the liability insurance made available under this section.  A volunteer health care provider who obtains coverage under this section is subject to Section 2203.302 and the other provisions of this chapter in the same manner as physicians who are eligible to obtain medical liability insurance from the association.(d)  This section does not affect the liability of a volunteer health care provider who is serving as a direct service volunteer of a charitable organization.  Section 84.004(c), Civil Practice and Remedies Code, applies to the volunteer health care provider without regard to whether the volunteer health care provider obtains liability insurance under this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.060(a), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.060(a), eff. September 1, 2007.|
TX Ins Code § 2203.103 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter C. Eligibility for Coverage|Section 2203.103. Eligibility of Other Health Care Practitioners and Facilities

Sec. 2203.103.  ELIGIBILITY OF OTHER HEALTH CARE PRACTITIONERS AND FACILITIES.  (a)  In this section:(1)  "Health care" includes a medical or health care service, including an examination, treatment, medical diagnosis, or evaluation, and care provided in an inpatient, outpatient, or residential setting.(2)  "Health care facility" means a facility providing health care, other than a facility described by Section 2203.002(4).(3)  "Health care practitioner" means an individual, other than an individual described by Section 2203.002(4), who:(A)  is licensed to provide health care; or(B)  is not licensed to provide health care but provides health care under the direction or supervision of a licensed individual.(b)  After notice and opportunity for hearing, the commissioner may:(1)  determine that appropriate liability insurance coverage written by insurers authorized to engage in business in this state is not reasonably available to a type of health care practitioner or health care facility; and(2)  by order designate that type of health care practitioner or health care facility to be included as a health care provider eligible to receive coverage under this chapter.(c)  A health care practitioner or facility designated under Subsection (b) is entitled to receive insurance coverage under this chapter in accordance with Chapter 1901 in the same manner as other health care providers described by Section 2203.002 and Section 1901.001.(d)  The commissioner's order may indicate whether a health care practitioner or facility designated under Subsection (b) is included under the policyholder's stabilization reserve fund established under Section 2203.301 or 2203.303 or whether a separate policyholder's stabilization reserve fund is created. A separate policyholder's stabilization reserve fund established under this subsection operates in the same manner as a policyholder's stabilization reserve fund created under Section 2203.303.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.104 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter C. Eligibility for Coverage|Section 2203.104. Application for Coverage

Sec. 2203.104.  APPLICATION FOR COVERAGE.  (a)  A health care provider or physician included in a category eligible for insurance coverage by the association is entitled to apply to the association for the coverage.  An agent authorized under Chapter 4051 may apply on behalf of an applicant.(b)  The association shall issue a medical liability insurance policy to an applicant:(1)  if the association determines that:(A)  the applicant meets the underwriting standards of the association prescribed by the plan of operation; and(B)  there is no unpaid and uncontested premium, policyholder's stabilization reserve fund charge, or assessment due from the applicant for prior insurance, as shown by the insured's failure to pay or to object in writing to the charges on or before the 30th day after the date of the billing; and(2)  on receipt of the premium and the policyholder's stabilization reserve fund charge, or the portion of the premium and charge prescribed by the plan of operation.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2203.151 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle G - Pools, Groups, Plans, and Self-Insurance|Chapter 2203 - Medical Liability Insurance Joint Underwriting Association|Subchapter D. Association Coverage|Section 2203.151. Powers Relating to Medical Liability Insurance Coverage

Sec. 2203.151.  POWERS RELATING TO MEDICAL LIABILITY INSURANCE COVERAGE.  (a)  Under this chapter and the plan of operation, the association, on behalf of the association members, may:(1)  issue, or cause to be issued, medical liability insurance policies to applicants, including primary, excess, and incidental coverages, subject to the limits specified in the plan of operation and Section 2203.152;(2)  underwrite medical liability insurance and adjust and pay losses related to that insurance, or appoint servicing insurers to perform those functions;(3)  either or both accept and refuse the assumption of reinsurance from association members; and(4)  cede and purchase reinsurance.(b)  The association may provide general liability insurance coverage to be issued in connection with medical liability insurance issued by the association.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|