SENATE CONCURRENT RESOLUTION NO. 53
(By Senators Caldwell and Tomblin, Mr. President, Bowman,
Facemyer, Anderson, Minard, Rowe, Ross, Sharpe, Minear, Helmick,
Edgell, Kessler, Unger, McCabe, Prezioso, Plymale, Wooton,
Jackson, Craigo, Chafin, Sprouse, Burnette, Redd, McKenzie,
Oliverio, Hunter, Love, Mitchell, Bailey and Boley)
Requesting the Joint Committee on Government and Finance study West
Virginia's medical malpractice insurance crisis.
Whereas, In December, 2001, the Legislature enacted Enrolled
House Bill No. 601, relating to medical professional liability
generally, in an attempt to ease the medical malpractice insurance
crisis in West Virginia. The bill established an operation of
medical professional liability insurance programs for certain
physicians through the Board of Risk and Insurance Management as an
alternative to commercial coverage; and
Whereas, The Legislature also enacted Enrolled Committee
Substitute for Committee Substitute for Senate Bill No. 6014, in an
attempt to control rate increases for medical malpractice
insurance; and
Whereas, The Legislature made necessary changes in an attempt
to prevent an exodus from the state of some of our most qualified
and dedicated physicians; and
Whereas, Any loss of West Virginia's physicians could also
result in the loss to West Virginia communities of hospital units and branch offices because available, qualified replacements for
the lost physicians could not be recruited due to West Virginia's
high malpractice insurance rates; and
Whereas, The various hospital specialty units, medical
partnership branch offices and solo practitioners, directly and
indirectly, employ many West Virginians and the livelihoods of the
families of each of these employees could be jeopardized by those
difficult decisions these medical providers are being forced to
make in the face of rising malpractice insurance rates; and
Whereas, Records on file with the West Virginia Insurance
Commission suggest that only a very limited number of commercial
insurance carriers are willing to write medical malpractice
insurance coverage in the State of West Virginia; and
Whereas, Several insurance carrier insolvencies have occurred
in recent years. This fact, together with the guarantee fund
assessment and limitations imposed on the remaining carriers, has
also had an adverse, but as yet not accurately determined, impact
on rates; and
Whereas, Despite the actions of the Legislature during the
Sixth Extraordinary Session in 2001, problems continue to exist
which need to be studied; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study West Virginia's medical malpractice insurance
crisis; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2003, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.