H. B. 4377
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Varner,
Mahan, Doyle, Browning and Hrutkay)
[Introduced February 10, 2004; referred to the
Committee the Judiciary then Finance.]
A BILL to amend and reenact §33-20F-7 of the code of West Virginia,
1931, as amended, relating to the assessment of a penalty on
those physicians who fail to pay the special assessment.
Be it enacted by the Legislature of West Virginia:
That §33-20F-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 20F. PHYSICIANS' MUTUAL INSURANCE COMPANY.
§33-20F-7. Initial capital and surplus; special assessment
; failure
to pay assessment; disposition of civil penalty collected
(a) There is hereby created in the state treasury a special
revenue account designated as the "Board of Risk and Insurance
Management Physicians' Mutual Insurance Company Account" solely for
the purpose of receiving moneys transferred from the West Virginia
Tobacco Medical Trust Fund pursuant to sub- section (c), section
two, article eleven-a, chapter four of this code for the company's use as initial capital and surplus.
(b) On the first day of July, two thousand three, a special
one-time assessment, in the amount of one thousand dollars, shall
be imposed on every physician licensed by the board of medicine or
by the board of osteopathy for the privilege of practicing medicine
in this state: Provided, That the following physicians shall be
exempt from the assessment:
(1) A faculty physician who meets the criteria for full-time
faculty under subsection (f), section one, article eight, chapter
eighteen-b of this code, who is a full-time employee of a school of
medicine or osteopathic medicine in this state, and who does not
maintain a private practice;
(2) A resident physician who is a graduate of a medical school
or college of osteopathic medicine enrolled and who is
participating in an accredited full- time program of post-graduate
medical education in this state;
(3) A physician who has presented suitable proof that he or
she is on active duty in armed forces of the United States and who
will not be reimbursed by the armed forces for the assessment;
(4) A physician who receives more than fifty percent of his or
her practice income from providing services to federally qualified
health center as that term is defined in 42 U.S.C. § 1396d(l)(2);
and
(5) A physician who practices solely under a special volunteer medical license authorized by section ten-a, article three or
section twelve-b, article fourteen, chapter thirty of this code.
The assessment is to be imposed and collected by the board of
medicine and the board of osteopathy on forms prescribed by each
licensing board.
(c) The entire proceeds of the special assessment collected
pursuant to subsection (b) of this section shall be dedicated to
the company. The board of medicine and the board of osteopathy
shall promptly pay over to the company all amounts collected
pursuant to this section to be used as policyholder surplus for the
company.
(d) Any physician who applies to purchase insurance from the
company and who has not paid the assessment pursuant to subsection
(b) of this section shall pay one thousand dollars to the company
as a condition of obtaining insurance from the company.
(e) A physician who failed to pay the special one-time
assessment imposed on the first day of July, two thousand three,
pursuant to subsection (b) of this section is subject to a civil
penalty in the amount of three thousand dollars payable to either
the board of medicine or the board of osteopathy. Furthermore, and
notwithstanding any provision of chapter thirty to the contrary,
the board of medicine or the board of osteopathy
shall:(1)
immediately suspend the license to practice medicine or podiatry of
any physician who failed to pay the special assessment by the first day of July, two thousand three, and whose license was renewed on
the first day of July, two thousand three;
or (2) thirty days after
the enactment of this section,
suspend the license of any physician
who failed to pay the special assessment by the first day of July,
two thousand three, and
whose license is renewable on the
first day
of July, two thousand four: Provided, That within fifteen days of
the enactment of the section, the board of medicine or the board of
osteopathy shall give written notice of the impending suspension,
by certified mail, return receipt requested.
Any license to
practice medicine or podiatry suspended pursuant to this section
shall remain suspended until
both the special assessment and the
civil penalty are paid in full.
(f)
The entire proceeds of the civil penalty collected
pursuant to subsection (e) of this section shall be dedicated to
the company.
The board of medicine and the board of osteopathy
shall promptly pay over to the company all amounts collected
pursuant to subsection (e) of this section to be used as
policyholder surplus for the company.