SEC. 83-36-9. Plan of operation; legislative committee for continuing study, evaluation and review.
(1) [Laws, 1992, ch. 559, Sec. 4, effective from and after July 1, 1992, reenacted this section without change. Since the text of this section as it appears in the parent volume is unaffected by the reenactment, it is not reprinted in this section as directed by the State Attorney General's Office.] Within forty-five (45) days following the activation of the association, the directors of the association shall submit to the commissioner for review a proposed plan of operation consistent with the provisions of this chapter.
(2) The plan of operation shall provide for economic, fair and nondiscriminatory administration, and for the prompt and efficient provision of medical malpractice insurance, and shall contain other provisions including but not limited to preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, assessment of members to defray losses and expenses, arrangements by the commissioner, reasonable and objective underwriting standards, acceptance and cessation of reinsurance, appointment of servicing carriers or other servicing arrangements, and procedures for determining amount of insurance to be provided by the association. Any such plan of operation approved by the commissioner shall provide that the policies shall be written and countersigned by a duly licensed qualified Mississippi agent.
(3) The plan of operation shall be subject to approval by the commissioner after consultation with the Mississippi State Medical Association, Mississippi Nurses' Association and Mississippi Hospital Association, representatives of the public, and other affected individuals and organizations. If the commissioner disapproves all or any part of the proposed plan of operation, the directors shall, within fifteen (15) days, submit for review an appropriate revised plan of operation or part thereof. If the directors fail to do so, the commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved or promulgated by the commission shall become effective upon order of the commissioner.
(4) Amendments to the plan of operation may be made by the directors of the association, subject to the approval of the commissioner, or shall be made at the direction of the commissioner.
(5) There shall be a legislative committee for continuing study, evaluation and review which shall be composed of three (3) members of the Senate, one (1) of whom shall be the Chairman of the Senate Committee on Insurance and two (2) of whom shall be appointed by the Lieutenant Governor; and three (3) members of the House of Representatives, one (1) of whom shall be the Chairman of the House Committee on Insurance and two (2) of whom shall be appointed by the Speaker of the House of Representatives. The committee shall maintain a continuing evaluation and review of the malpractice insurance program and needs, and shall report to each regular session of the Legislature on the total activities of the association and malpractice insurance needs of the State of Mississippi.
The members of the committee shall serve without salary or per diem compensation, but each member of the committee shall be reimbursed by the association for all actual, necessary expenses incurred in the discharge of official duties upon presentation of an expense voucher adopted and approved by a majority vote of a quorum of the committee and signed by the chairman.
SOURCES: Laws, 1976, ch. 471, Sec. 5; 1987, ch. 472, Sec. 4; 1989, ch. 356, Sec. 5, eff from and after July 1, 1989, and by terms of Laws, 1987, ch. 472, Sec. 12, shall stand repealed from and after July 1, 1992. Reenacted without change, Laws, 1992, ch. 559, Sec. 4, eff from and after July 1, 1992.
1997 Amendment
Reenacted.
SOURCE: 1997 Laws, Chapter 406, Sec. 5, HB261, Effective July 1, 1997.