reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.025 - Association to commence business, when — liability of members limited — business to be nonprofit, dividends may be paid, how.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1992
383.025. Association to commence business, when — liability of members limited — business to be nonprofit, dividends may be paid, how. —
The association may, on the seventh day thereafter, commence to do business. The association shall be a body corporate, and shall do business as a corporation. No member of the association shall be liable for any amounts because of his membership in the association other than his assessments as provided in the articles of association, the bylaws of the association or as ordered by the director of the department of commerce and insurance pursuant to section 383.035. The business of the association shall be conducted so as to preclude any distribution of income, profit or property of the association to the individual members thereof except in payment of claims or indemnities or upon the final dissolution of the association, but the association may pay dividends to its members as long as the association has a positive surplus both before and after any such dividend is declared.
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(L. 1975 S.B. 458 § 4, A.L. 1989 H.B. 774, A.L. 1992 S.B. 831)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.030 - Examination by director authorized — annual license fee — amendments to bylaws filed, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2008
383.030. Examination by director authorized — annual license fee — amendments to bylaws filed, when. —
1. The director shall be authorized in accordance with sections 374.202 to 374.207, or in the event that either or both of such sections are repealed, then any successor sections relating to financial examination, to examine the financial condition, affairs and management of any association organized under the provisions of sections 383.010 to 383.040, and the association shall pay the expenses of any such examination in accordance with sections 374.160 and 374.220. Annually thereafter, within thirty days before the expiration of its license, each association shall pay a renewal license fee of one hundred dollars.
2. Any existing association shall also, at the time it files for renewal of its license, file any amendments to its articles of association or bylaws which have been adopted in the preceding year.
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(L. 1975 S.B. 458 § 5, A.L. 1992 S.B. 831, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.033 - Association treated as mutual insurance company, tax purposes.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1992
383.033. Association treated as mutual insurance company, tax purposes. —
A Missouri nonprofit corporation formed for the purpose of providing malpractice insurance upon the assessment plan pursuant to sections 383.010 to 383.041 shall be treated as a Missouri mutual insurance company organized under chapter 380 for purposes of subdivision (4) of subsection 2 of section 143.441.
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(L. 1992 S.B. 831 §§ C, 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.037 - Rates, requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1992
383.037. Rates, requirements. —
The rates made by each association licensed pursuant to sections 383.010 to 383.040 shall be subject to the following provisions:
(1) Rates shall not be excessive or inadequate, nor shall they be unfairly discriminatory;
(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided with respect to the classification to which such rate is applicable;
(3) No rate shall be held to be inadequate unless such rate is unreasonably low for the insurance provided with respect to the classification to which such rate is applicable.
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(L. 1992 S.B. 831)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.040 - Medical malpractice association exempt from premium tax.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 26 Jun 1975, see footnote
383.040. Medical malpractice association exempt from premium tax. —
No association organized pursuant to the provisions of sections 383.010 to 383.040 shall be required to pay any premium tax in connection with the conduct of its business.
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(L. 1975 S.B. 458 § 7)
Effective 6-26-75
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.060 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1986
383.060. Definitions. —
As used in sections 383.060 to 383.069, the following terms mean:
(1)
"Director"
, the director of the department of commerce and insurance;
(2)
"Real estate malpractice insurance"
, insurance coverage against a civil liability arising against the insured resulting from an act or omission by the insured, his agents or his employees acting in their professional capacity.
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(L. 1986 H.B. 1393 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.062 - Reports of real estate malpractice, contents.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1986
383.062. Reports of real estate malpractice, contents. —
1. Every insurer providing real estate malpractice insurance to persons, corporations, copartnerships or associations licensed under the provisions of chapter 339 and all employees of the foregoing acting in the course and scope of their employment shall submit a confidential report to the director on January first of each year containing all claims for real estate malpractice made against any of its insureds during the preceding twelve-month period.
2. The report shall be in writing and on a form prescribed by the director. One form shall be completed for each claim and the form shall contain the following information relating to each claim:
(1) The insurer's claim number;
(2) The city population where the claim was made;
(3) How many real estate brokers and agents are insured under the policy;
(4) How many years the insured had been licensed at the time of the alleged act or omission;
(5) The type of real estate office or entity of which the insured is a member;
(6) The relationship of the insured to the claimant;
(7) Whether the claim arose after the insured made an attempt to collect a fee;
(8) The month and year of the occurrence on which the claim was based;
(9) The month and year when the claim was first reported to the insurer;
(10) The alleged act or omission which was the most significantly related to the cause of the claim being made;
(11) The reserve established for loss payment;
(12) The reserve established for loss expenses; and
(13) The amount of the insured's deductible.
3. The insurer shall, within six months of final disposition of the claim, report to the director the final outcome of the claim including any payments made.
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(L. 1986 H.B. 1393 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.067 - Immunity granted person reporting and director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1986
383.067. Immunity granted person reporting and director. —
There shall be no liability or cause of action of any nature against any insurer's agents or employees, or the director or his representatives, for any action taken pursuant to sections 383.060 to 383.069.
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(L. 1986 H.B. 1393 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.069 - Confidentiality of information and reports.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1986
383.069. Confidentiality of information and reports. —
None of the information reported, compiled or summarized pursuant to sections 383.060 to 383.069 shall be discoverable or admissible in any proceeding.
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(L. 1986 H.B. 1393 § 5)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.075 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1985
383.075. Definitions. —
As used in sections 383.075 to 383.083, the following terms mean:
(1)
"Director"
, the director of the department of commerce and insurance;
(2)
"Legal malpractice insurance"
, insurance coverage against a civil liability arising against the insured resulting from an act of omission by the insured or his employees acting in their professional capacity.
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(L. 1985 H.B. 657 & 337 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.077 - Reports of legal malpractice claims, contents.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1985
383.077. Reports of legal malpractice claims, contents. —
1. Every insurer providing legal malpractice insurance to attorneys at law or a professional corporation duly engaged in the practice of law in Missouri and all employees of the foregoing acting in the course and scope of their employment shall submit a confidential report to the director on January first of each year containing all claims for legal malpractice made against any of its insureds during the preceding twelve-month period.
2. The report shall be in writing and on a form prescribed by the director. One form shall be completed for each claim and the form shall contain the following information relating to each claim:
(1) The insurer's claim number;
(2) The city population where the claim was made;
(3) How many lawyers are insured under the policy;
(4) How many years the insured had been in practice at the time of the alleged act or omission;
(5) The type of law office of which the insured is a member;
(6) The relationship of the insured to the claimant;
(7) Whether the claim arose after the insured made an attempt to collect a fee;
(8) Whether the claim arose from an area of law normal to the insured's practice;
(9) The month and year of the occurrence on which the claim was based;
(10) The month and year when the claim was first reported to the insurer;
(11) The area of law in which the insured was retained by the claimant;
(12) The major activity in which the lawyer was engaged at the time the alleged act or omission occurred;
(13) The alleged act or omission which was the most significantly related to the cause of the claim being made;
(14) The reserve established for loss payment;
(15) The reserve established for loss expenses; and
(16) The amount of the insured's deductible.
3. The insurer shall, within six months of final disposition of the claim, report to the director the final outcome of the claim including any payments made.
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(L. 1985 H.B. 657 & 337 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.079 - Duty of director to issue statistical summary.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1985
383.079. Duty of director to issue statistical summary. —
The director shall compile a statistical summary of all data submitted and shall issue a public report to the Missouri Bar and the supreme court of the state of Missouri.
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(L. 1985 H.B. 657 & 337 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.081 - Immunity granted person reporting and director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1985
383.081. Immunity granted person reporting and director. —
There shall be no liability or cause of action of any nature against any insurer's agents or employees, or the director or his representatives, for any action taken pursuant to sections 383.075 to 383.083.
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(L. 1985 H.B. 657 & 337 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.083 - Confidentiality of information and reports.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1985
383.083. Confidentiality of information and reports. —
None of the information reported, compiled or summarized pursuant to sections 383.075 to 383.083 shall be discoverable or admissible in any proceeding.
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(L. 1985 H.B. 657 & 337 § 5)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.100 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.100. Definitions. —
As used in sections 383.100 to 383.125, the following terms mean:
(1)
"Director"
, the director shall be the director of the department of commerce and insurance;
(2)
"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;
(3)
"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.
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(L. 1976 H.B. 1308 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.105 - Report of medical malpractice claims by certain insurers, contents, insurer defined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.105. Report of medical malpractice claims by certain insurers, contents, insurer defined. —
1. Every insurer providing medical malpractice insurance to a Missouri health care provider and every health care provider who maintains professional liability coverage through a plan of self-insurance shall submit to the director a report of all claims, both open claims filed during the reporting period and closed claims filed during the reporting period, for medical malpractice made against any of its Missouri insureds during the preceding three-month period.
2. The report shall be in writing and contain the following information:
(1) Name and address of the insured and the person working for the insured who rendered the service which gave rise to the claim, if the two are different;
(2) Specialty coverage of the insured;
(3) Insured's policy number;
(4) Nature and substance of the claim;
(5) Date and place in which the claim arose;
(6) Name, address and age of the claimant or plaintiff;
(7) Within six months after final disposition of the claim, the amounts paid, if any, and the date and manner of disposition (judgment, settlement or otherwise);
(8) Expenses incurred; and
(9) Such additional information as the director may require.
3. As used in sections 383.100 to 383.125,
"insurer"
includes every insurance company authorized to transact insurance business in this state, every unauthorized insurance company transacting business pursuant to chapter 384, every risk retention group, every insurance company issuing insurance to or through a purchasing group, every entity operating under this chapter, and any other person providing insurance coverage in this state, including self-insured health care providers.
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(L. 1976 H.B. 1308 § 2, A.L. 1986 S.B. 663, A.L. 1999 H.B. 445, A.L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.106 - Reporting standards — risk reporting categories — information compiled — report of rates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.106. Reporting standards — risk reporting categories — information compiled — report of rates. —
1. To effectively monitor the insurance marketplace, rates, financial solvency, and affordability and availability of medical malpractice coverage, the director shall establish by rule or order reporting standards for insurers by which the insurers, or an advisory organization designated by the director, shall annually report such Missouri medical malpractice insurance premium, loss, exposure, and other information as the director may require.
2. The director shall, prior to May 30, 2007, establish risk reporting categories for medical malpractice insurance, as defined in section 383.150, and shall establish regulations for the reporting of all base rates and premiums charged in those categories as determined by the director. The director shall consider the history of prior court judgments for claims under this chapter in each county of the state in establishing the risk reporting categories.
3. The director shall collect the information required in this section and compile it in a manner appropriate for assisting Missouri medical malpractice insurers in developing their future base rates, schedule rating, or individual risk rating factors and other aspects of their rating plans. In compiling the information and making it available to Missouri insurers and the public, the director shall remove any individualized information that identifies a particular insurer as the source of the information. The director may combine such information with similar information obtained through insurer examinations so as to cover periods of more than one year.
4. All insurers with regards to medical malpractice insurance as defined in section 383.150 shall provide to the director, beginning on June 1, 2008, and not less than annually thereafter, an accurate report as to the actual rates, including assessments levied against members, charged by such company for such insurance, for each of the risk reporting categories established under this section.
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(L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.107 - Publication of market rate.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.107. Publication of market rate. —
Not later than December 31, 2009, and at least annually thereafter, the director shall, utilizing the information provided pursuant to section 383.106, establish and publish a market rate reflecting the median of the actual rates charged for each of the risk reporting categories for the preceding year by all insurers with at least a three percent market share of the medical malpractice insurance market as of December thirty-first of the prior year, which are certified to have rates which are not inadequate by an actuary selected and approved by the director.
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(L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.108 - Publication of comparison of base rates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.108. Publication of comparison of base rates. —
The director shall, utilizing the information provided under section 383.106, publish comparisons of the base rates charged by each insurer actively writing medical malpractice insurance.
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(L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.110 - Reports, when due, form of.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1986
383.110. Reports, when due, form of. —
Such reports shall be made to the director of the department of commerce and insurance quarterly on dates and in the form to be determined by the director.
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(L. 1976 H.B. 1308 § 3, A.L. 1986 S.B. 663)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.115 - Information confidential, exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.115. Information confidential, exception. —
1. Information submitted pursuant to subsection 2 of section 383.105, subdivisions (1), (3) and (6) shall be deemed to be confidential communication except as provided in section 383.125.
2. Statistics in summary form of the information submitted pursuant to sections 383.100 to 383.125, except as provided in subsection 1, shall be a matter of public record.
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(L. 1976 H.B. 1308 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.120 - Immunity granted persons reporting and to director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.120. Immunity granted persons reporting and to director. —
There shall be no liability on the part of and a cause of action of any nature shall not arise against an insurer reporting hereunder, or its agents or employees, or the director or his representatives, for any action taken by them pursuant to this section.
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(L. 1976 H.B. 1308 § 5)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.124 - Administrative orders for violations of state laws or rules — civil action for violations.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.124. Administrative orders for violations of state laws or rules — civil action for violations. —
1. If the director determines that a person has engaged, is engaging, or is about to engage in a violation of sections 383.100 to 383.125 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission, or course of business constituting a violation of sections 383.100 to 383.125 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any provisions under these sections is a level two violation under section 374.049. The director of the department of commerce and insurance may also suspend or revoke the license or certificate of authority of any person for any such willful violation as authorized under section 374.047.
2. If the director believes that a person has engaged, is engaging, or is about to engage in a violation of sections 383.100 to 383.125 or a rule adopted or order issued pursuant thereto, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, omission, or course of business constituting a violation of sections 383.100 to 383.125 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any provision under these sections is a level two violation under section 374.049.
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(L. 2006 H.B. 1837)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.125 - Director to forward reported information to appropriate licensing board — further reports, contents, requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1993
383.125. Director to forward reported information to appropriate licensing board — further reports, contents, requirements. —
The director shall, upon receipt, submit in writing the pertinent and appropriate data and information submitted pursuant to subsection 2 of section 383.105 to the applicable health care licensing board. The director shall also submit a report containing the information described in subdivisions (3) to (8) of subsection 2 of section 383.105 to the director of the department of social services or the director's designee. Information shall be disclosed to the department of social services so that the department of social services can determine whether the claimant or plaintiff was concurrently enrolled in the Medicaid program during the period in which the alleged incident occurred. The information provided to the department shall be subject to the confidentiality restrictions provided in subsection 7 of section 208.217 and of section 383.115.
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(L. 1976 H.B. 1308 § 6, A.L. 1993 H.B. 564)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.130 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2010, 2 histories
383.130. Definitions. —
As used in sections 383.130 and 383.133, the following terms shall mean:
(1)
"Disciplinary action"
, any final action taken by the board of trustees or similarly empowered officials of a hospital, ambulatory surgical center, owner or operator of a temporary nursing staffing agency, home health agency, nursing home or any nursing facility as such term is defined in chapter 198, or any entity that employs or contracts with licensed health care professionals to provide health care services to individuals to reprimand, discipline or restrict the practice of a health care professional. Only such reprimands, discipline, or restrictions in response to activities which are also grounds for disciplinary actions according to the professional licensing law for that health care professional shall be considered disciplinary actions for the purposes of this definition;
(2)
"Health care professional"
, a physician or surgeon licensed under the provisions of chapter 334, a dentist licensed under the provisions of chapter 332, or a podiatrist licensed under the provisions of chapter 330, or a pharmacist licensed under the provisions of chapter 338, a psychologist licensed under the provisions of chapter 337, or a nurse licensed under the provisions of chapter 335, while acting within their scope of practice;
(3)
"Hospital"
, a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions; or a place devoted primarily to provide for not less than twenty-four hours in any week medical or nursing care for three or more nonrelated individuals. The term "hospital" does not include convalescent, nursing, shelter or boarding homes as defined in chapter 198;
(4)
"Licensing authority"
, the appropriate board or authority which is responsible for the licensing or regulation of the health care professional;
(5)
"Temporary nursing staffing agency"
, any person, firm, partnership, or corporation doing business within the state that supplies, on a temporary basis, registered nurses, licensed practical nurses to a hospital, nursing home, or other facility requiring the services of those persons.
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(L. 1986 S.B. 663 § 1, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2010 H.B. 2226, et al.)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.150 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.150. Definitions. —
As used in sections 383.150 to 383.195, the following terms shall mean:
(1)
"Association"
means the joint underwriting association established pursuant to the provisions of sections 383.150 to 383.195;
(2)
"Director"
means the director of the department of commerce and insurance;
(3)
"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;
(4)
"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;
(5)
"Net direct premiums"
means gross direct premiums written on casualty insurance in the state of Missouri by companies authorized to write casualty insurance under chapter 379, RSMo 1969, in the state of Missouri, less return premiums thereon and dividends paid or credited to policyholders on such direct business.
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(L. 1976 H.B. 1309 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.160 - Policies, period covered — form of policy to be approved — rates, how regulated — assessments, how made — excess funds, disposition of.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2020, 2 histories
383.160. Policies, period covered — form of policy to be approved — rates, how regulated — assessments, how made — excess funds, disposition of. —
1. All association policies of insurance shall be written to provide medical malpractice insurance coverage as prescribed by the plan of operation. No policy form shall be used by the association unless it has been filed with the director and approved or thirty days have elapsed and he has not delivered to the board written disapproval of it as misleading or not in the public interest. The director shall have the power to disapprove any policy form previously approved if found by him after hearing to be misleading or not in the public interest.
2. Cancellation of the association's policies shall be governed by law.
3. The rates, rating plans, rating rules, rating classifications and territories applicable to the insurance written by the association and statistics relating thereto shall be subject to the casualty rate regulation law giving due consideration to the past and prospective loss and expense experience in medical malpractice insurance of all of the insurers, trends in the frequency and severity of losses, the investment income of the association, and such other information as the director may require. All rates shall be actuarially sound and shall be calculated to be self-supporting.
4. In the event sufficient funds are not available for the sound financial operation of the association, additional funds shall be raised by making an assessment on all member companies. Assessments shall be made against members in the proportion that the net direct premiums for the preceding calendar year of each member for each line of insurance requiring it to participate in said plan bear to the net direct premiums for the preceding calendar year of all members for such line of insurance; provided that, assessments made pursuant to sections 383.150 to 383.195 shall not exceed in any calendar year one percent of each member's net direct premiums attributable to the line or lines of insurance the writing of which requires it to be a member.
5. All members shall deduct the amount of any assessment from past or future premium taxes due but not yet paid the state.
6. Any funds which result from policyholder premiums and other revenues received in excess of those funds required for reserves, loss payments and expenses incurred and accrued at the end of any calendar year shall be paid proportionately to the general fund to the extent that credit against premium tax liability has been granted pursuant to subsection 5 and to members which have been assessed but have not received tax credits as provided in subsection 5.
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(L. 1976 H.B. 1309 § 3, A.L. 2020 S.B. 551)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.165 - Additional first year charge to policyholders.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.165. Additional first year charge to policyholders. —
Each policyholder shall pay to the association in the first policy year, in addition to the premium payment due for insurance through the association, an amount equal to said premium payment. Such charge shall be separately stated in the policy.
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(L. 1976 H.B. 1309 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.170 - Persons eligible to apply for coverage — eligibility requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.170. Persons eligible to apply for coverage — eligibility requirements. —
1. Any health care provider shall be entitled to apply to the association for medical malpractice liability insurance. Such application may be made on behalf of an applicant by a broker or agent authorized by the applicant.
2. If the association determines that the applicant meets the underwriting standards of the association as prescribed in the plan of operation and there is no unpaid, uncontested premium due from the applicant for prior insurance, then the association, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall cause to be issued a policy of medical malpractice liability insurance.
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(L. 1976 H.B. 1309 § 5)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.175 - Board of directors, composition — expenses, payment of authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2020, 2 histories
383.175. Board of directors, composition — expenses, payment of authorized. —
The association shall be governed by a board of eight directors, to be appointed by the director for the terms specified in the plan of operation. The composition of the board of directors shall be established by the plan of operation. The directors shall be reimbursed out of the administrative funds of the association only for necessary and actual expenses incurred for attending meetings of the governing board.
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(L. 1976 H.B. 1309 § 6, A.L. 2006 S.B. 837, A.L. 2020 S.B. 551)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.180 - Annual statement, when due, contents of.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.180. Annual statement, when due, contents of. —
The association shall file in the office of the director annually on or before the first day of April, a statement which shall contain information with respect to its transactions, condition, operations and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed and shall be in such form as is approved by the director. The director may, at any time, require the association to furnish additional information with respect to its transactions, condition or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation and experience of the association.
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(L. 1976 H.B. 1309 § 7)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.185 - Annual examination required, cost of, how paid.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.185. Annual examination required, cost of, how paid. —
The director shall make an examination into the affairs of the association at least annually. The expenses of every such examination shall be borne and paid by the association.
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(L. 1976 H.B. 1309 § 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.190 - Appeals and review.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.190. Appeals and review. —
Appeals and judicial review.
(1) Any applicant to the association, any person insured pursuant to this article, or their representatives, or any affected
*
insurer, agent or agency, may appeal to the director within thirty days after any ruling, action or decision by or on behalf of the association, with respect to those items the plan of operation defines as appealable matters.
(2) Any person aggrieved hereunder by any order or act of the director of the department of commerce and insurance may, within ten days after notice thereof, file a petition in the circuit court of the county of Cole for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
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(L. 1976 H.B. 1309 § 9)
*Word "effected" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.195 - Termination of plan, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 1976
383.195. Termination of plan, when. —
Termination of any plan created pursuant to the authority of sections 383.150 to 383.195 shall be by the director pursuant to a public hearing in which it is determined that medical malpractice liability insurance is reasonably available to health care providers in the voluntary market.
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(L. 1976 H.B. 1309 § 10)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.200 - Definition of insurer.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.200. Definition of insurer. —
As used in sections 383.200 to 383.209,
"insurer"
includes any insurance company, mutual insurance company, medical malpractice association, any entity created under this chapter, or other entity providing any insurance to any health care provider, as defined in section 538.205, practicing in the state of Missouri, against claims for malpractice or professional negligence; provided, however, that the term "insurer" or "insurers" shall not mean any surplus lines insurer operating under chapter 384 or any entity to the extent it is self-insuring its exposure to medical malpractice liability.
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(L. 2006 H.B. 1837 § 383.196)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.203 - Rates filed with director — form — open to public, copies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.203. Rates filed with director — form — open to public, copies. —
1. Every insurer shall file with the director all rates and supplementary rate information which is to be used in this state. Such rates and supplementary rate information shall be filed before use.
2. Rates filed pursuant to this section shall be filed in such form and manner as prescribed by the director. Whenever a filing is not accompanied by such information as the director has required under this section, the director shall so inform the insurer within thirty days.
3. All rates and supplementary rate information shall, as soon as filed, be open to public inspection at any reasonable time. Copies may be obtained by any person on request and upon payment of a reasonable charge.
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(L. 2006 H.B. 1837 § 383.197)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.209 - Rate increases over fifteen percent prohibited without notice, exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.209. Rate increases over fifteen percent prohibited without notice, exception. —
Notwithstanding any other provision of law, no insurer shall, with regards to medical malpractice insurance, as defined in section 383.150, implement any rate increase of more than fifteen percent without first providing clear and conspicuous written notice by United States mail to the insured at least sixty days prior to implementation of the rate increase, unless the increase is due to the request of the insured or due to a material change in the nature of the insured's health care practice or individual's risk characteristics.
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(L. 2006 H.B. 1837 § 383.199)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.225 - Insurer defined — prohibitions on insurers — failure to provide notice, continuation of coverage.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
• Effective - 28 Aug 2006
383.225. Insurer defined — prohibitions on insurers — failure to provide notice, continuation of coverage. —
1. As used in this section,
"insurer"
includes every insurance company authorized to transact business in this state, every unauthorized insurance company transacting business pursuant to chapter 384, every risk retention group, every insurance company issuing policies or providing benefits to or through a purchasing group, and any other person providing medical malpractice insurance coverage in this state.
2. Notwithstanding any other provision of law, no insurer shall, with regards to medical malpractice insurance, as defined in section 383.150:
(1) Fail or refuse to renew the insurance without first providing written notice by certified United States mail to the insured at least sixty days prior to the effective date of such actions, unless such failure or refusal to renew is based upon a failure to pay sums due or a termination or suspension of the health care provider's license to practice medicine in the state of Missouri, termination of the insurer's reinsurance program, or a material change in the nature of the insured's health care practice; or
(2) Cease the issuance of such policies of insurance in the state of Missouri without first providing written notice by certified United States mail to the insured and to the Missouri department of commerce and insurance at least one hundred eighty days prior to the effective date of such actions.
3. Any insurer that fails to provide the notice required under subdivision (1) of subsection 2 of this section shall, at the option of the insured, continue the coverage for the remainder of the notice period plus an additional thirty days at the premium rate of the existing policy.
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(L. 2006 H.B. 1837 § 383.450)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 383 - Malpractice Insurance › Section 383.500 - Physicians or surgeons on staff of certain hospitals to furnish malpractice insurance, exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 383
Effective - 28 Aug 1986
383.500. Physicians or surgeons on staff of certain hospitals to furnish malpractice insurance, exceptions. —
1. Beginning on January 1, 1987, any physician or surgeon who is on the medical staff of any hospital located in a county which has a population of more than seventy-five thousand inhabitants shall, as a condition to his admission to or retention on the hospital medical staff, furnish satisfactory evidence of a medical malpractice insurance policy of at least five hundred thousand dollars. The provisions of this section shall not apply to physicians or surgeons who:
(1) Limit their practice exclusively to patients seen or treated at the hospital; and
(2) Are insured exclusively under the hospital's policy of insurance or the hospital's self-insurance program.
2. This section shall not in any way limit or restrict the authority of any hospital in this state to issue rules or regulations requiring physicians or other health care professionals to carry minimum levels of professional liability insurance as a condition of membership on a hospital medical staff.
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(L. 1986 S.B. 663 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 384 - Surplus Lines Insurance › Section 384.011 - Title of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 384
• Effective - 01 Jul 1987, see footnote
384.011. Title of law. —
Sections 384.011 to 384.071 shall be known and may be cited as "The Missouri Surplus Lines Law".
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(L. 1987 H.B. 700 § 1 subsec. 1)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 384 - Surplus Lines Insurance › Section 384.017 - Nonadmitted insurers, purchases from allowed, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 384
• Effective - 28 Aug 2014, 2 histories
384.017. Nonadmitted insurers, purchases from allowed, when. —
Surplus lines insurance may be placed by a surplus lines licensee if:
(1) Each insurer is an eligible surplus lines insurer;
(2) The full amount or kind of insurance is not obtainable from admitted insurers who are actually transacting in this state the class of insurance required by the insured. Insurance shall be deemed obtainable within the meaning of this section if there is available a market with admitted insurers that can supply the insured's requirements both as to type of coverage and as to quality of service.
"Type of coverage"
, as used in this section, refers to hazards covered and limits of coverage.
"Quality of security and
service", as used in this section, refers to the rating by a recognized financial service; and
(3) All other requirements of sections 384.011 to 384.071 are met.
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(L. 1987 H.B. 700 § 2, A.L. 1989 S.B. 250, A.L. 2011 S.B. 132, A.L. 2014 H.B. 1361)