State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-1903-loss-control-information-and-services

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE B. LIABILITY INSURANCE FOR PHYSICIANS AND

HEALTH CARE PROVIDERS

CHAPTER 1903. LOSS CONTROL INFORMATION AND SERVICES

SUBCHAPTER A. LOSS CONTROL SERVICES FOR PROFESSIONAL LIABILITY

INSURANCE FOR HOSPITALS

Sec. 1903.001. DEFINITION. In this subchapter, "hospital" means

a public or private institution licensed under Chapter 241 or

577, Health and Safety Code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.002. INAPPLICABILITY OF SUBCHAPTER. This subchapter

and Subchapter C do not apply to insurance policies that provide

excess coverage issued by the Texas Medical Liability Insurance

Underwriting Association under Chapter 2203, or to those policies

if the policies are serviced by an insurer acting as a servicing

carrier under an agreement entered into between the association

and the insurer and approved by the commissioner.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.003. LOSS CONTROL SERVICES REQUIRED. (a) Before

writing professional liability insurance for a hospital in this

state, an insurer must maintain or provide loss control

facilities that:

(1) provide loss control services reasonably commensurate with

the risks, exposures, and experience of the insured's business;

(2) are adequate to provide loss control services required by

the nature of the policyholder's operations; and

(3) include surveys, recommendations, training programs,

consultations, and analyses of accident causes.

(b) To provide the facilities required by this section, the

insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

(c) Independent contractors and other personnel described by

Subsection (b) must have the qualifications of a field safety

representative. A field safety representative must be an

individual who:

(1) holds a:

(A) bachelor's degree in science or engineering;

(B) bachelor of arts degree in nursing;

(C) bachelor of science degree in nursing, pharmacy, or physical

therapy; or

(D) master's degree in hospital administration;

(2) is a licensed engineer;

(3) is a certified safety professional;

(4) is a certified industrial hygienist;

(5) has at least 10 years' experience in occupational safety and

health; or

(6) has completed a course of training in loss control services

approved by the department.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.004. SANCTIONS. (a) If there is evidence that

reasonable loss control services are not being maintained or

provided by an insurer as required by this subchapter or are not

being used by the insurer in a reasonable manner to prevent

injury to patients of the insurer's policyholders, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.005. RULES. The commissioner may adopt reasonable

rules for the enforcement of this subchapter after holding a

public hearing on the proposed rules.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER B. LOSS CONTROL INFORMATION FOR GENERAL AND CERTAIN

PROFESSIONAL LIABILITY INSURANCE

Sec. 1903.051. LOSS CONTROL INFORMATION REQUIRED. (a) Before

writing professional liability insurance, including medical

professional liability insurance, for insureds other than

hospitals or general liability insurance in this state, an

insurer must provide to the insurer's policyholders loss control

information reasonably commensurate with the risks, exposures,

and experience of the insured's business.

(b) To provide the information described by Subsection (a) or

services, the insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.052. SANCTIONS. (a) If there is evidence that

reasonable loss control information is not being provided by an

insurer as required by this subchapter or is not being used by

the insurer in a reasonable manner to reduce losses, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.053. RULES. After opportunity for a hearing, the

commissioner may adopt reasonable rules for the enforcement of

this subchapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER C. CIVIL PROCEEDINGS

Sec. 1903.101. IMMUNITY FROM LIABILITY. (a) An insurer or an

agent or employee of the insurer is not liable, and a cause of

action does not arise against the insurer, agent, or employee,

for an accident based on an allegation that the accident was

caused or could have been prevented by a program, information,

inspection, or other activity or service undertaken by the

insurer to prevent accidents or to control losses, as applicable,

in connection with the operations of the insured.

(b) The immunity from liability provided by this section does

not affect the liability of an insurer as otherwise provided in

an insurance policy.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.102. LOSS CONTROL INFORMATION NOT DISCOVERABLE OR

ADMISSIBLE. Loss control information provided by an insurer to

an insured is not discoverable or admissible as evidence in a

civil proceeding.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-1903-loss-control-information-and-services

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE B. LIABILITY INSURANCE FOR PHYSICIANS AND

HEALTH CARE PROVIDERS

CHAPTER 1903. LOSS CONTROL INFORMATION AND SERVICES

SUBCHAPTER A. LOSS CONTROL SERVICES FOR PROFESSIONAL LIABILITY

INSURANCE FOR HOSPITALS

Sec. 1903.001. DEFINITION. In this subchapter, "hospital" means

a public or private institution licensed under Chapter 241 or

577, Health and Safety Code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.002. INAPPLICABILITY OF SUBCHAPTER. This subchapter

and Subchapter C do not apply to insurance policies that provide

excess coverage issued by the Texas Medical Liability Insurance

Underwriting Association under Chapter 2203, or to those policies

if the policies are serviced by an insurer acting as a servicing

carrier under an agreement entered into between the association

and the insurer and approved by the commissioner.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.003. LOSS CONTROL SERVICES REQUIRED. (a) Before

writing professional liability insurance for a hospital in this

state, an insurer must maintain or provide loss control

facilities that:

(1) provide loss control services reasonably commensurate with

the risks, exposures, and experience of the insured's business;

(2) are adequate to provide loss control services required by

the nature of the policyholder's operations; and

(3) include surveys, recommendations, training programs,

consultations, and analyses of accident causes.

(b) To provide the facilities required by this section, the

insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

(c) Independent contractors and other personnel described by

Subsection (b) must have the qualifications of a field safety

representative. A field safety representative must be an

individual who:

(1) holds a:

(A) bachelor's degree in science or engineering;

(B) bachelor of arts degree in nursing;

(C) bachelor of science degree in nursing, pharmacy, or physical

therapy; or

(D) master's degree in hospital administration;

(2) is a licensed engineer;

(3) is a certified safety professional;

(4) is a certified industrial hygienist;

(5) has at least 10 years' experience in occupational safety and

health; or

(6) has completed a course of training in loss control services

approved by the department.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.004. SANCTIONS. (a) If there is evidence that

reasonable loss control services are not being maintained or

provided by an insurer as required by this subchapter or are not

being used by the insurer in a reasonable manner to prevent

injury to patients of the insurer's policyholders, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.005. RULES. The commissioner may adopt reasonable

rules for the enforcement of this subchapter after holding a

public hearing on the proposed rules.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER B. LOSS CONTROL INFORMATION FOR GENERAL AND CERTAIN

PROFESSIONAL LIABILITY INSURANCE

Sec. 1903.051. LOSS CONTROL INFORMATION REQUIRED. (a) Before

writing professional liability insurance, including medical

professional liability insurance, for insureds other than

hospitals or general liability insurance in this state, an

insurer must provide to the insurer's policyholders loss control

information reasonably commensurate with the risks, exposures,

and experience of the insured's business.

(b) To provide the information described by Subsection (a) or

services, the insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.052. SANCTIONS. (a) If there is evidence that

reasonable loss control information is not being provided by an

insurer as required by this subchapter or is not being used by

the insurer in a reasonable manner to reduce losses, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.053. RULES. After opportunity for a hearing, the

commissioner may adopt reasonable rules for the enforcement of

this subchapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER C. CIVIL PROCEEDINGS

Sec. 1903.101. IMMUNITY FROM LIABILITY. (a) An insurer or an

agent or employee of the insurer is not liable, and a cause of

action does not arise against the insurer, agent, or employee,

for an accident based on an allegation that the accident was

caused or could have been prevented by a program, information,

inspection, or other activity or service undertaken by the

insurer to prevent accidents or to control losses, as applicable,

in connection with the operations of the insured.

(b) The immunity from liability provided by this section does

not affect the liability of an insurer as otherwise provided in

an insurance policy.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.102. LOSS CONTROL INFORMATION NOT DISCOVERABLE OR

ADMISSIBLE. Loss control information provided by an insurer to

an insured is not discoverable or admissible as evidence in a

civil proceeding.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-1903-loss-control-information-and-services

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE B. LIABILITY INSURANCE FOR PHYSICIANS AND

HEALTH CARE PROVIDERS

CHAPTER 1903. LOSS CONTROL INFORMATION AND SERVICES

SUBCHAPTER A. LOSS CONTROL SERVICES FOR PROFESSIONAL LIABILITY

INSURANCE FOR HOSPITALS

Sec. 1903.001. DEFINITION. In this subchapter, "hospital" means

a public or private institution licensed under Chapter 241 or

577, Health and Safety Code.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.002. INAPPLICABILITY OF SUBCHAPTER. This subchapter

and Subchapter C do not apply to insurance policies that provide

excess coverage issued by the Texas Medical Liability Insurance

Underwriting Association under Chapter 2203, or to those policies

if the policies are serviced by an insurer acting as a servicing

carrier under an agreement entered into between the association

and the insurer and approved by the commissioner.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.003. LOSS CONTROL SERVICES REQUIRED. (a) Before

writing professional liability insurance for a hospital in this

state, an insurer must maintain or provide loss control

facilities that:

(1) provide loss control services reasonably commensurate with

the risks, exposures, and experience of the insured's business;

(2) are adequate to provide loss control services required by

the nature of the policyholder's operations; and

(3) include surveys, recommendations, training programs,

consultations, and analyses of accident causes.

(b) To provide the facilities required by this section, the

insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

(c) Independent contractors and other personnel described by

Subsection (b) must have the qualifications of a field safety

representative. A field safety representative must be an

individual who:

(1) holds a:

(A) bachelor's degree in science or engineering;

(B) bachelor of arts degree in nursing;

(C) bachelor of science degree in nursing, pharmacy, or physical

therapy; or

(D) master's degree in hospital administration;

(2) is a licensed engineer;

(3) is a certified safety professional;

(4) is a certified industrial hygienist;

(5) has at least 10 years' experience in occupational safety and

health; or

(6) has completed a course of training in loss control services

approved by the department.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.004. SANCTIONS. (a) If there is evidence that

reasonable loss control services are not being maintained or

provided by an insurer as required by this subchapter or are not

being used by the insurer in a reasonable manner to prevent

injury to patients of the insurer's policyholders, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.005. RULES. The commissioner may adopt reasonable

rules for the enforcement of this subchapter after holding a

public hearing on the proposed rules.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER B. LOSS CONTROL INFORMATION FOR GENERAL AND CERTAIN

PROFESSIONAL LIABILITY INSURANCE

Sec. 1903.051. LOSS CONTROL INFORMATION REQUIRED. (a) Before

writing professional liability insurance, including medical

professional liability insurance, for insureds other than

hospitals or general liability insurance in this state, an

insurer must provide to the insurer's policyholders loss control

information reasonably commensurate with the risks, exposures,

and experience of the insured's business.

(b) To provide the information described by Subsection (a) or

services, the insurer may:

(1) employ qualified personnel;

(2) retain qualified independent contractors;

(3) contract with the policyholder to provide qualified loss

control personnel and services; or

(4) use a combination of methods described by this subsection.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.052. SANCTIONS. (a) If there is evidence that

reasonable loss control information is not being provided by an

insurer as required by this subchapter or is not being used by

the insurer in a reasonable manner to reduce losses, the

commissioner shall order a hearing to determine whether the

insurer is not in compliance with this subchapter.

(b) If it is determined that the insurer is not in compliance,

the commissioner may impose any sanction authorized by Chapter

82.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.053. RULES. After opportunity for a hearing, the

commissioner may adopt reasonable rules for the enforcement of

this subchapter.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

SUBCHAPTER C. CIVIL PROCEEDINGS

Sec. 1903.101. IMMUNITY FROM LIABILITY. (a) An insurer or an

agent or employee of the insurer is not liable, and a cause of

action does not arise against the insurer, agent, or employee,

for an accident based on an allegation that the accident was

caused or could have been prevented by a program, information,

inspection, or other activity or service undertaken by the

insurer to prevent accidents or to control losses, as applicable,

in connection with the operations of the insured.

(b) The immunity from liability provided by this section does

not affect the liability of an insurer as otherwise provided in

an insurance policy.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 1903.102. LOSS CONTROL INFORMATION NOT DISCOVERABLE OR

ADMISSIBLE. Loss control information provided by an insurer to

an insured is not discoverable or admissible as evidence in a

civil proceeding.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


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