PURSUANT TO INSURANCE CODE ARTICLE 21.49-3,§3B,
TEXAS MEDICAL LIABILITY INSURANCE UNDERWRITING ASSOCIATION ACT
Notice is hereby given pursuant to Insurance Code, Article 21.49-3, §3B, that the Commissioner will consider a petition by the staff of the Texas Department of Insurance proposing that the Commissioner (1) determine that appropriate liability insurance coverage written by insurers authorized to engage in business in this state is not reasonably available to the following types of health care practitioners and health care facilities: perfusionists; ambulatory surgery centers (surgicenters); (2) designate by order that perfusionists and surgicenters be included as health care providers eligible to receive coverage under Article 21.49-3, §3B(b), and (3) order that perfusionists and surgicenters be included under the policyholder´s stabilization reserve fund established under Article 21.49-3, §4A.
Pursuant to Insurance Code, Article 21.49-3, §3B, after notice and opportunity for hearing, the commissioner may (1) determine that appropriate liability insurance coverage written by insurers authorized to engage in business in this state is not reasonably available to a type of health care practitioner or health care facility; and (2) by order designate that type of health care practitioner or health care facility to be included as a health care provider eligible to receive coverage under Article 21.49-3, §3B. The Commissioner´s order may indicate whether a health care practitioner or health care facility designated by the Commissioner under Insurance Code, Article 21.49-3 will be included under the policyholder´s stabilization reserve fund established under Article 21.49-3 §4A or 4B or under a separately created policyholder´s stabilization reserve fund.
Copies of the full text of the staff petition are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78701. For further information or to request copies of the petition, please contact Sylvia Gutierrez at 512-463-6327, refer to (Reference No. P-0304-03-I).
Any interested person may request the Commissioner to hold a hearing before it acts on staff´s pending petition. A public hearing on this matter will not be held unless a separate written request for a hearing is submitted to the Office to the Chief Clerk within 30 days after publication of this notice in the Texas Register.
Comments or a request for a hearing may be submitted in writing within 30 days after publication of this notice in the Texas Register to the Office of the Chief Clerk, MC 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment or request for a hearing should be submitted simultaneously to Marilyn Hamilton, Associate Commissioner, Property & Casualty Program, Mail Code 104-PC, P.O. Box 149104, Austin, Texas, 78714-9104.