Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section 6 of chapter 362 of the acts of 1975 is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

Any licensed physician, licensed dentist or hospital upon proof that such physician, dentist or hospital has made a reasonable effort to obtain medical malpractice insurance coverage and has been unable to obtain such insurance shall be entitled to apply to the association for such coverage. Such application may be made on behalf of an applicant by a broker or agent authorized by the applicant. If the association determines that the applicant meets the underwriting standards of the association as prescribed in the plan of operation and there is no unpaid, uncontested premium due from the applicant for prior insurance as shown by the insured having failed to make written objection to premium charges within thirty days after billing, the association, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall cause to be issued a policy of medical malpractice insurance for a term of one year. If at any time the commissioner determines that medical malpractice insurance is not adequately available to any provider of health care in the commonwealth, other than a licensed physician, licensed dentist or hospital, he shall, after proper notice and hearing, promulgate an order allowing the particular provider of health care to be eligible for application to the association. Any licensed dentist insured by the association on or before the effective date of this act shall be entitled to remain insured by the association.