SECTIONS 11890-11892

11890.  As used in this chapter: (a) "Long-term health care facility" has the same meaning as thatterm is defined in Section 1418 of the Health and Safety Code. (b) "Residential care facilities for the elderly" has the samemeaning as that term is defined in Section 1569.2 of the Health andSafety Code.11891.  (a) If the commissioner finds after a public hearing thatliability insurance for long-term health care facilities, residentialcare facilities for the elderly, or physicians who provide oroversee the provision of services to residents in long-term healthcare facilities or residential care facilities for the elderly is notreadily available in the voluntary insurance market, and that thepublic interest requires this availability, the commissioner mayauthorize the formation of a market assistance program to assist insecuring that insurance for long-term health care facilities,residential care facilities for the elderly, or physicians whoprovide or oversee the provision of services to residents inlong-term health care facilities or residential care facilities forthe elderly. The commissioner may require insurers, agents, andbrokers to attend public hearings and meetings concerning either theneed for a market assistance program or the organization andformation of a program. The commissioner may also assist in securinginsurance for long-term health care facilities, residential carefacilities for the elderly, or physicians who provide or oversee theprovision of services to residents in long-term health carefacilities or residential care facilities for the elderly for whichcommercial liability insurance is not readily available by forming arisk pooling arrangement as permitted by the Federal Liability RiskRetention Act of 1986. (b) The commissioner may develop appropriate standards andregulations to implement the market assistance program and riskpooling arrangement authorized by this section.11892.  (a) The commissioner may order the creation of anunincorporated, not-for-profit, temporary joint underwritingassociation for liability insurance, constituting a legal entityseparate and distinct from all its members. The purpose of theassociation shall be to provide a market for liability insurance on aself-supporting basis, without subsidy from association members. (b) If the commissioner determines after a public hearing thatliability insurance for long-term health care facilities, residentialcare facilities for the elderly, or physicians who provide oroversee the provision of services to residents in long-term healthcare facilities or residential care facilities for the elderly isreadily available through the voluntary market, the associationcreated pursuant to subdivision (a) shall cease its underwritingoperations. (c) The commissioner may develop appropriate standards andregulations to implement the joint underwriting associationauthorized by this section.