H. B. 4389
(By Delegates Overington, Armstead, Trump,
Frich, Duke, Blair and Ellem)
[Introduced
February 10, 2004
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §33-20F-7 of the code of West Virginia,
1931, as amended, relating to exempting inactive physicians
from insurance 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.
(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 subsection (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;
and
(6) A physician who is licensed on an inactive basis pursuant
to subsection (b), section twelve, article three, 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.
NOTE: The purpose of this bill is to exempt physicians who
hold inactive licenses from paying the $1,000 assessment for
Physicians Mutual Insurance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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