Texas Insurance Code - Not Codified - Article 5.15-2. Loss Control Services
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Art. 5.15-2. LOSS CONTROL SERVICES.
Article repealed effective April 1, 2007
(a) Any insurer desiring to write professional liability
insurance for hospitals in Texas shall maintain or provide loss
control facilities as a prerequisite for writing such insurance.
Such facilities shall be adequate to furnish loss control services
required by the nature of its policyholder's operations and shall
include surveys, recommendations, training programs,
consultations, and analyses of accident causes. Each field safety
representative shall be either a college graduate who shall have a
bachelor's degree in science or engineering, a bachelor of arts
degree in nursing, a bachelor of science degree in nursing,
pharmacy, or physical therapy, or a master's degree in hospital
administration, or shall be a registered professional engineer, a
certified safety professional, a certified industrial hygienist,
an individual with 10 years' experience in occupational safety and
health, or an individual who shall have completed a course of
training in loss control services approved by the State Board of
Insurance.
(b) The insurer shall render loss control services to its
policyholders reasonably commensurate with the risks and exposures
and experience of the insured's business. To provide such
facilities, the insurer may employ qualified personnel, retain
qualified independent contractors, contract with the policyholder
to provide qualified loss control personnel and services, or use a
combination of the methods enumerated in this subsection. Such
personnel shall have the qualification required for field safety
representatives as provided in Subsection (a) of this article.
(c) If the Commissioner of Insurance shall determine that
reasonable loss control services are not being maintained or
provided by the insurer or are not being used by the insurer in a
reasonable manner to prevent injury to patients of its
policyholders, the fact shall be reported to the State Board of
Insurance, and the board shall order a hearing to determine if the
insurer is not in compliance with this article. If it is determined
that the insurer is not in compliance, the board may impose any
sanctions authorized by Section 7, Article 1.10, of this code.
(d) The State Board of Insurance may promulgate reasonable
rules and regulations for the enforcement of this article after
holding a public hearing on the proposed rules and regulations.
(e) In this article, "hospital" means a licensed public or
private institution as defined in Chapter 241, Health and Safety
Code, or in Section 88, Chapter 243, Acts of the 55th Legislature,
Regular Session, 1957 (Article 5547-88, Vernon's Texas Civil
Statutes).
(f) This article does not apply to insurance policies that
provide excess coverage issued by the Texas Medical Liability
Insurance Underwriting Association under Article 21.49-3 of this
code, and does not apply to those policies if serviced by an insurer
acting as a servicing carrier under an agreement entered into
between the Texas Medical Liability Insurance Underwriting
Association and the insurer and approved by the State Board of
Insurance.
(g) An insurer, its agents, servants, or employees are not
liable for and no cause of action arises with respect to any
accident based on the allegation that the accident was caused or
could have been prevented by a program, inspection, or other
activity or service undertaken by the insurer for the prevention of
accidents in connection with operations of its insured. However,
this immunity does not affect the liability of an insurer as
otherwise provided in a policy of insurance.
(h) Loss control information provided by an insurer to an
insured is not discoverable or admissible in any civil proceeding
as evidence.
Added by Acts 1977, 65th Leg., p. 2057, ch. 817, Sec. 31.02, eff.
Jan. 1, 1978.
Amended by Acts 1987, 70th Leg., 1st C.S., ch. 1, Sec. 4.01, eff.
Sept. 2, 1987; Subsec. (e) amended by Acts 1991, 72nd Leg., ch. 14,
Sec. 284(15), eff. Sept. 1, 1991; Subsec. (a) amended by Acts 2001,
77th Leg., ch. 172, Sec. 2, eff. Sept. 1, 2001.
Article: 5.12-1 5.13 5.13-1 5.13-2 5.13-2C 5.14 5.15-1 5.15-2 5.15-3 5.15-4 5.18 5.19 5.20 5.21 5.22
Last modified: August 11, 2007
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