Policies written under this article may have an effective date retroactive to the effective date of this article. Except as provided in subsection (n), section six of this article, the authority of the board of risk and insurance management to issue medical liability policies under this article shall cease upon the board's transfer, in accordance with section nine, article twenty-f, chapter thirty-three of this code, of assets, obligations and liabilities to the physicians' mutual insurance company created pursuant to said article, or upon July 1, 2004, whichever occurs first. The board shall continue to administer any existing policy of insurance which was issued pursuant to this article, but was not transferred to the physician's mutual insurance company, until the policy expires. Upon the expiration of the policy, the board shall make tail coverage available at an appropriate premium rate to be determined by the board. The board shall continue to administer any tail coverage so provided. On the thirtieth day of January each year, the board shall report to the legislature's joint committee on government and finance the amount of any unfunded liability associated with the run out and tail coverage provided by this section.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act
§29-12B-2. Legislative Findings
§29-12B-6. Health Care Provider Professional Liability Insurance Programs
§29-12B-8. Preferred Professional Liability Insurance Program
§29-12B-9. High Risk Professional Liability Insurance Program
§29-12B-10. Deposit, Expenditure and Investment of Premiums
§29-12B-11. Payments for Settlement or Judgment