HOUSE CONCURRENT RESOLUTION NO. 92

(By Delegates Long, H. K. White, Ellem, Amores, Argento,

Wells, Eldridge, Hatfield, Barker and Walters)


Requesting the Joint Committee on Government and Finance, with the consultation and participation of the office of the Consumer Advocate within the agency of the Insurance Commissioner, to 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, with the consultation and participation of the office of the Consumer Advocate within the agency of the Insurance Commissioner, 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 2007; 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.