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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 26 DEPARTMENT OF BANKING AND INSURANCE
  • Section 8I Medical malpractice analysis bureau; duties; appointments; assessments

Section 8I. There shall be established within the division a medical malpractice analysis bureau which shall analyze and collect data and advise the commissioner on requests filed by a medical malpractice insurer licensed, admitted, authorized or approved by the commissioner for changes in risk classifications, premiums, rates and such other matters as may be reviewed or approved by the commissioner. Said bureau may employ at least the following persons: an actuary, an attorney, a person with expertise in the area of health care systems and policies, two senior actuarial assistants and such secretarial and clerical assistance as may be necessary to carry out the purposes of this section. The commissioner shall appoint all employees of said bureau who shall be exempt from the provisions of section nine A of chapter thirty and chapter thirty-one and shall serve at the pleasure of the commissioner.

The commissioner is hereby authorized to make and collect an assessment against medical malpractice insurers licensed, admitted, authorized or approved by the commissioner to pay for the expenses of said bureau. Said assessment shall be made at a rate sufficient to produce five hundred thousand dollars annually. In addition to said amount, the assessment shall also include an amount, to be credited to the General Fund, equal to the total amount of funds estimated by the secretary for administration and finance to be expended from the General Fund for indirect and fringe benefit costs attributable to the personnel costs of said bureau; provided, however, that if the commissioner shall fail to expend for the costs and expenses of said bureau in any fiscal year the total amount of five hundred thousand dollars for the purposes set forth in this section, any amount unexpended in such fiscal year shall be credited against the assessment to be made in the following year, and the assessment in the following year shall be reduced by such unexpended amount. The assessment shall be allocated on a fair and reasonable basis among all medical malpractice insurers licensed, admitted, authorized or approved by the commissioner. The funds produced by said assessments shall be expended by the division, in addition to any other funds which may be appropriated, to assist in defraying the general operating expenses of said bureau, and may be used to compensate consultants retained by said bureau. A medical malpractice insurer licensed, admitted, authorized or approved by the commissioner shall pay the amount so assessed against it within thirty days after the date of the notice of assessment from the commissioner. For the purposes of this section, the term medical malpractice insurer shall mean a medical malpractice insurer as defined in section one hundred and ninety-three U of chapter one hundred and seventy-five.