Texas Insurance Code Title 10, Chapter 1901 - Professional Liability Insurance For Physicians And Health Care Providers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1901.001 - Definitions
  In this chapter: (1) "Health care provider" means: (A) a person, partnership, professional association, corporation, facility, or institution, or an officer, employee, or agent of...
• Texas Section 1901.002 - Applicability Of Chapter
  This chapter applies to: (1) an insurer authorized to write or engaged in writing professional liability insurance for a physician or health care provider; and...
• Texas Section 1901.003 - Applicability Of Other Law
  Chapters 2251 and 2301 and Article 5.13-2 apply to rates and forms for professional liability insurance for physicians and health care providers under this chapter....
• Texas Section 1901.004 - Annual Reports
  (a) An insurer that issues professional liability insurance policies covering physicians and health care providers shall file annually with the commissioner a report of: (1)...

SUBCHAPTER B RATE STANDARDS

• Texas Section 1901.005 - Rules
  The commissioner shall establish by rule: (1) criteria that insurers must follow in establishing reconsideration procedures under Section 1901.101; and (2) standards and procedures to...
• Texas Section 1901.051 - Considerations In Setting Rates
  (a) In setting rates, an insurer shall consider: (1) past and prospective loss and expense experience for all professional liability insurance for physicians and health...
• Texas Section 1901.052 - Grouping Of Risks
  In setting rates, an insurer may group risks by classification, rating schedule, or any other reasonable method. Added by Acts 2005, 79th Leg., Ch. 727...
• Texas Section 1901.053 - Modification Of Classification Rates
  (a) An insurer may modify classification rates to produce rates for individual risks in accordance with rating plans that establish standards for measuring variations in...
• Texas Section 1901.054 - Limitations On Rates
  (a) Rates set under this chapter may not be excessive or inadequate, as described by this section, or unreasonable or unfairly discriminatory. (b) A rate...
• Texas Section 1901.0541 - Use In Underwriting Of Certain Information Related To Lawsuits; Refund
  (a) Notwithstanding any other provision of this code, an insurer may not consider for the purpose of setting premiums or reducing a claims-free discount for...
• Texas Section 1901.055 - Claim Surcharge
  A claim surcharge assessed by an insurer against a physician or health care provider under a professional liability insurance policy may be based only on...
• Texas Section 1901.056 - Absolute Rates Prohibited
  (a) In this section, "absolute rates" means rates, rating plans, or rating classifications that are filed under Chapter 2251 or Article 5.13-2 by an insurer...

SUBCHAPTER C REVIEW OF RATES

• Texas Section 1901.057 - Considerations In Approving Rates
  In approving rates under this chapter, the department shall consider the impact of risk management courses taken by physicians and health care providers in this...
• Texas Section 1901.101 - Reconsideration Of Rates And Premiums
  (a) Each insurer to which this chapter applies shall adopt a procedure for reconsideration of a rate or premium charged a physician or health care...

SUBCHAPTER D BEST PRACTICES FOR NURSING HOMES

• Texas Section 1901.102 - Appeal
  A physician or health care provider that is not satisfied with a decision under procedures established under Section 1901.101 may appeal to the commissioner for:...
• Texas Section 1901.151 - Best Practices
  (a) The commissioner shall adopt best practices for risk management and loss control that may be used by for-profit and not-for-profit nursing homes. (b) In...
• Texas Section 1901.152 - Consideration Of Best Practices In Setting Rates
  In setting rates for professional liability insurance applicable to a for-profit or not-for-profit nursing home, an insurer or the Texas Medical Liability Insurance Underwriting Association...

SUBCHAPTER E POLICY FORMS

• Texas Section 1901.153 - Standard Of Care For Civil Actions Not Established
  The best practices for risk management and loss control adopted under this subchapter do not establish standards of care for nursing homes applicable in a...

SUBCHAPTER F COVERAGE

• Texas Section 1901.201 - Standardized Policy Forms; Approval Of Other Forms
  (a) The commissioner shall prescribe standardized policy forms for occurrence, claims-made, and claims-paid professional liability insurance policies for physicians and health care providers. (b) An...
• Texas Section 1901.251 - Premium Basis
  An insurer may not write a professional liability insurance policy under this chapter on less than an annual premium basis. Added by Acts 2005, 79th...
• Texas Section 1901.252 - Coverage For Exemplary Damages
  (a) Except as provided by Subsection (b), a medical professional liability insurance policy issued to or renewed for a physician or health care provider in...
• Texas Section 1901.253 - Notice Of Premium Increase, Cancellation, Or Nonrenewal
  (a) An insurer that issues a professional liability insurance policy for a physician or health care provider must provide to the insured written notice of...
• Texas Section 1901.254 - Prohibition Of Use Of Certain Information For Physician Or Health Care Provider
  (a) For the purpose of writing professional liability insurance for physicians and health care providers, an insurer may not consider whether, or the extent to...
• Texas Section 1901.255 - Coverage For Volunteer Health Care Providers
  (a) In this section: (1) "Charitable organization" has the meaning assigned by Section 84.003, Civil Practice and Remedies Code. (2) "Volunteer health care provider" has...

Last modified: September 28, 2016