§33-20E-11. Eligibility for coverage.
(a) Only those health care providers who are unable to obtain
medical professional liability insurance because it is not
available through the voluntary insurance market from insurers
licensed to transact insurance in West Virginia at rates approved
by the commissioner are eligible to obtain coverage through the
association: Provided, That any health care provider who can
obtain medical professional liability insurance only pursuant to a
"consent to" or "guide A" rate agreement will remain eligible to
obtain coverage through the association. Any health care provider
who has medical professional liability insurance pursuant to
article twelve of chapter twenty-nine of this code is not eligible
to obtain insurance through the association.
(b) The commissioner shall designate, based upon market
conditions, the categories of health care providers who are
eligible to obtain coverage from the association.