HOUSE CONCURRENT RESOLUTION 75
(By Delegates H. K. White, R. M. Thompson, Hrutkay, Perry,
Perdue, Barker, Butcher, Morgan, Beach, Iaquinta, Webster,
Spencer, Hatfield, Hartman, Marshall, G. White, Roberts,
Carmichael, Stevens, Azinger, Frich and Hamilton)
(Originating in the Committee on Banking and Insurance; Referred
to the Committee on Rules)
[March 30, 2005]
Requesting the Joint Committee on Government and Finance study the
conundrum presented by a conflict between the statutory
standards and requirements governing the practice of medicine
and related health care occupations and underwriting
guidelines governing the issuance of medical professional
liability insurance policies;
Whereas, There is a need to ensure the availability of health
care
for the citizens of this State; and
Whereas,
Nurse practitioners, physicians assistants and nurse
anesthetists are critical to providing care to West Virginians; and
Whereas,
The scope of practice of all health care providers is
set forth in Code; and
Whereas,
Physicians utilizing nurse practitioners and
physicians assistants are required to have collaborative agreements
in place intended to enhance the availability of care; and
Whereas,
Restricting the scope of practice of mid-level health
care providers could negatively impact the availability of health
care in this State, especially in the rural areas; and
Whereas,
An underwriting guideline requiring that a physician
be on site at all times a mid-level practitioner sees patients
conflicts with the statutory scope of practice of mid-level
practitioners and limits the availability of care; and
Whereas,
The availability and affordability of medical
malpractice insurance is also important to continued access to
care; and
Whereas,
Underwriting guidelines address the risks associated
with insured activity and provide the basis for the cost of
insuring against the risk; and
Whereas,
Underwriting guidelines that restrict the lawful
practice of mid-level health care providers can result in reduced
access to health care for patients in this State; and
Whereas,
the Legislature needs to ensure access to health care
and access to affordable medical malpractice insurance; therefore,
be it
Resolved by the Legislature of West Virginia:
That
the Joint Committee on Government and Finance study the
statutory standards and requirements governing the practice of mid-
level health care occupations and the underwriting guidelines
governing the issuance of medical professional liability insurance
policies to these professionals to resolve any conflicts between
the two which affects the State's ability to provide health care to
its citizens; and be it
Further Resolved, That the Joint Committee on Government and
Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations, to the next regular session of the Legislature;
and, be it
Further Resolved, That the expenses necessary to carry out its
duties, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.