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The Bergen County Medical Society - latest reform 2 20 03 (Page 12)

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The Bergen County Medical Society - latest reform 2 20 03
12
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
feasible, use criteria for these events that have been or are developed by
organizations engaged in the development of nationally recognized
standards.
The commissioner shall consult with the Commissioner of Human
Services with respect to rules and regulations affecting the State
psychiatric hospitals.
16. (New section) a. On or after the effective date of P.L. , c.
(pending before the Legislature as this bill) and except as provided in
subsection e. of this section, no person who is an officer, director or
board member of a professional association for health care providers
shall serve, simultaneously, as an officer, director or board member of a
State-domiciled medical malpractice liability insurer that is licensed in
the State and offering medical malpractice liability insurance policies on
the effective date of this act.
b. On or after the effective date of P.L. , c. (pending before the
Legislature as this bill) and except as provided in subsection e. of this
section, no more than one person who has been an officer, director or
board member of a professional association for health care providers
shall serve as an officer, director or board member of a State-domiciled
medical malpractice liability insurer that is licensed in the State and
offering medical malpractice liability insurance policies on the effective
date of this act.
c. As used in this section, "health care provider" means an individual
or entity, which, acting within the scope of its licensure or certification,
provides health care services, and includes, but is not limited to, a
physician, dentist, nurse or other health care professional whose
professional practice is regulated pursuant to Title 45 of the Revised
Statutes, and a health care facility licensed pursuant to P.L.1971, c.136
(C.26:2H-1 et seq.).
d. A person or professional association who violates the provisions
of this section shall be liable for a civil penalty of $10,000 for each
violation. The penalty shall be sued for and collected by the
Commissioner of Banking and Insurance in a summary proceeding in
accordance with the "Penalty Enforcement Law of 1999," P.L.1999,
c.274 (C.2A:58-10 et seq.).
e. In the case of an officer, director or board member of a medical
malpractice liability insurer who is an officer, director or board member
of a professional association for health care providers on the effective
date of P.L. , c. (pending before the Legislature as this bill), the officer,
director or board member shall have 180 days to comply with the
requirements of this section.

17. (New section) Physicians may join together, by means of a joint
contract under the procedures established by this section, to form a
"Medical Malpractice Liability Insurance Purchasing Alliance" for the
purpose of negotiating a reduced premium for its members purchasing
medical malpractice liability insurance. The joint contract shall be
executed by all members of the purchasing alliance.
a. As used in this section:
"Board" means a medical malpractice liability insurance purchasing
alliance board of directors provided for in this section.
"Commissioner" means the Commissioner of Banking and Insurance.

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