Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 13 - COMMUNITY HOSPITALS (§§ 41-13-1 — 41-13-107) › IN GENERAL (§§ 41-13-1 — 41-13-53) › Section 41-13-11 - Community hospital liability and insurance

(1)
[Repealed].
(2)
[Repealed].
(3)
Subsections (1) and (2) of this section shall stand repealed from and after October 1, 1993.
(4)
From and after October 1, 1993, the board of trustees of any community hospital is hereby authorized, in its discretion, to obtain and pay for, out of operating funds of the community hospital, liability insurance of such kinds as said board of trustees deems advisable covering the operation of said community hospital, including trustees, employees and volunteers, and every department thereof, and all machinery, equipment, appliances and motor vehicles thereof or used in connection therewith so as to cover damages or injury to persons or property or both caused by the negligence of any member of said board of trustees or of any officer, director, agent, servant, attorney, employee or volunteer of such hospital while engaged in the performance of his duties or working in connection with the operation of said community hospital. Such insurance shall either be procured from a company or companies authorized to do business and doing business in the State of Mississippi or provided through a program of self insurance established pursuant to the provisions of Section
11-46-17
, Mississippi Code of 1972. Such insurance shall be for such amounts of coverage and shall cover such trustees, employees, volunteers, departments, installations, equipment, facilities and activities as the board of trustees, in its discretion, shall determine. The board of trustees may likewise indemnify, either by the purchase of insurance or, directly, where funds are available, in whole or in part, any trustee, officer, director, agent, volunteer or employee of said facility or program for actual personal expenses incurred in the defense of any suit, or judgments resulting from said suit, brought against said trustee, officer, director, agent, volunteer or employee for alleged negligent or wrongful conduct committed while under the employment of or while providing service to a community hospital.
(5)
Notwithstanding the authority to purchase or provide liability insurance as provided for in subsection (4) of this section, any community hospital, owner or board of trustees shall be subject to and shall be governed by the provisions of Section
11-46-1
et seq., Mississippi Code of 1972, for any cause of action which accrues from and after October 1, 1993, on account of any wrongful or tortious act or omission of any such governmental entity, as defined in Section
11-46-1
, Mississippi Code of 1972, or its employees relating to or in connection with any activity or operation of any community hospital.
Codes, 1942, § 3002.3; Laws, 1954, ch. 285, §§ 1, 2; Laws, 1982, ch. 395, § 5; Laws, 1983, ch. 468, § 1; Laws, 1984, ch. 495, § 36; Laws, 1984, 1st Ex Sess, ch. 8, § 1; Laws, 1985, ch. 474, § 49; Laws, 1985, ch. 511, § 3; Laws, 1986, ch. 438, § 20; Laws, 1987, ch. 483, § 25; Laws, 1988, ch. 442, § 22; Laws, 1989, ch. 537, § 21; Laws, 1990, ch. 518, § 22; Laws, 1991, ch. 618, § 21; Laws, 1992, ch. 491 § 22, eff. 5/12/1992.