General Assembly |
File No. 206 |
February Session, 2010 |
Senate, March 30, 2010
The Committee on Insurance and Real Estate reported through SEN. CRISCO of the 17th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT ADJUSTING THE MINIMUM PROFESSIONAL LIABILITY INSURANCE CARRIED BY HEALTH CARE PROVIDERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 20-28b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice chiropractic under the provisions of section 20-27 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 2. Subsection (a) of section 20-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Except as provided in subsection (c) of this section, each person licensed to practice medicine and surgery under the provisions of section 20-13 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 3. Subsection (a) of section 20-39a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice natureopathy under the provisions of section 20-37 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 4. Subsection (a) of section 20-58a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice podiatric medicine under the provisions of section 20-54 or 20-57 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 5. Subsection (a) of section 20-73d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice physical therapy under the provisions of this chapter who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 6. Subdivision (3) of subsection (a) of section 20-74mm of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(3) "Radiologist assistant" means a radiologic technologist who is licensed pursuant to this chapter and who: (A) Has graduated from a radiologist assistant education program recognized by the American Registry of Radiologic Technologists; (B) has passed the radiologist assistant examination offered by the American Registry of Radiologic Technologists; (C) maintains a current license in good standing as a radiologic technologist in Connecticut; (D) holds current certification in advanced cardiac life support; (E) maintains current certification with the American Registry of Radiologic Technologists as a radiographer; (F) maintains current certification with the American Registry of Radiologic Technologists as a radiologist assistant; and (G) maintains professional liability insurance or other indemnity against liability for professional malpractice in an amount that shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars;
Sec. 7. Section 20-74rr of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each person licensed to practice as a radiologist assistant who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice in an amount that shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 8. Subsection (a) of section 20-94c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed as an advanced practice registered nurse under the provisions of section 20-94a who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance that each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars. The provisions of this subsection shall not apply to any advanced practice registered nurse licensed pursuant to section 20-94a and maintaining current certification from the American Association of Nurse Anesthetists who provides such services under the direction of a licensed physician.
Sec. 9. Subsection (a) of section 20-126d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Except as provided in subsection (c) of this section, each person licensed to practice dentistry under the provisions of this chapter who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall be not less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 10. Subsection (a) of section 20-126x of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice dental hygiene under the provisions of this chapter who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance that each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
Sec. 11. Subsection (a) of section 20-133b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each person licensed to practice optometry under the provisions of this chapter who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance that each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than [five hundred thousand] one million dollars for one person, per occurrence, with an aggregate of not less than [one million five hundred thousand] three million dollars.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
20-28b(a) |
Sec. 2 |
October 1, 2010 |
20-11b(a) |
Sec. 3 |
October 1, 2010 |
20-39a(a) |
Sec. 4 |
October 1, 2010 |
20-58a(a) |
Sec. 5 |
October 1, 2010 |
20-73d(a) |
Sec. 6 |
October 1, 2010 |
20-74mm(a)(3) |
Sec. 7 |
July 1, 2011 |
20-74rr |
Sec. 8 |
October 1, 2010 |
20-94c(a) |
Sec. 9 |
October 1, 2010 |
20-126d(a) |
Sec. 10 |
October 1, 2010 |
20-126x(a) |
Sec. 11 |
October 1, 2010 |
20-133b(a) |
INS |
Joint Favorable Subst. |
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
Explanation
The bill, which requires certain health care professionals to increase their minimum malpractice liability coverage, does not result in a fiscal impact to the state or municipalities.
The Out Years
OLR Bill Analysis
AN ACT ADJUSTING THE MINIMUM PROFESSIONAL LIABILITY INSURANCE CARRIED BY HEALTH CARE PROVIDERS.
By law, licensed physicians and surgeons, osteopaths, chiropractors, natureopaths, podiatrists, physical therapists, radiologist assistants, advanced practice registered nurses, dentists, dental hygienists, and optometrists who provide direct patient care services must have professional liability insurance or other indemnity against professional malpractice liability. This bill increases the required minimum coverage amounts from (1) $500,000 to $1 million per incident per individual and (2) $1.5 million to $3 million in the aggregate.
EFFECTIVE DATE: October 1, 2010
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable Substitute
Yea |
14 |
Nay |
5 |
(03/16/2010) |