Senate Bill No. 564
(By Senators Tomblin (Mr. President), Minard, Sharpe, Snyder,
Kessler, Weeks, Minear, Guills, Bailey, Hunter, Ross, Dempsey and
Caldwell)
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[Introduced February 19, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §33-20F-7 of the code of West Virginia,
1931, as amended, relating to payment by physicians licensed
to practice medicine in this state of assessment required for
the physicians' mutual insurance company; failure to pay said
assessment by the thirtieth day of June, two thousand four;
suspension of license; and reinstatement of license upon
payment to the appropriate licensing board.
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 by a date certain; suspension of license; reinstatement.
(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.
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) Notwithstanding any other provision of law to the
contrary, the West Virginia board of medicine or the West Virginia board of osteopathy, as the case may be, shall suspend the license
to practice medicine of any physician who has failed to pay the
assessment required under subsection (b) of this section on or
before the thirtieth day of June, two thousand four. Upon payment
of the required assessment by the physician to the appropriate
board, the physician's license shall be reinstated.
NOTE: The purpose of this bill is to require the Board of
Medicine and the Board of Osteopathy to suspend the license to
practice medicine of any physician who has failed to pay the $1,000
assessment required for the Physicians' Mutual Insurance Company by
June 30, 2004. Such license would be reinstated upon payment to
the appropriate licensing board.
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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