The commissioner may, after notice and a hearing, decide that liability insurance is not reasonably available for a type of health care practitioner or facility and designate it for coverage. A designated practitioner or facility is entitled to receive coverage under this chapter.
Sec. 2203.103. ELIGIBILITY OF OTHER HEALTH CARE PRACTITIONERS AND FACILITIES. (a) In this section: (1) "Health care" includes a medical or health care service, including an examination, treatment, medical diagnosis, or evaluation, and care provided in an inpatient, outpatient, or residential setting. (2) "Health care facility" means a facility providing health care, other than a facility described by Section 2203.002(4). (3) "Health care practitioner" means an individual, other than an individual described by Section 2203.002(4), who: (A) is licensed to provide health care; or (B) is not licensed to provide health care but provides health care under the direction or supervision of a licensed individual. (b) After notice and opportunity for hearing, the commissioner may: (1) determine that appropriate liability insurance coverage written by insurers authorized to engage in business in this state is not reasonably available to a type of health care practitioner or health care facility; and (2) by order designate that type of health care practitioner or health care facility to be included as a health care provider eligible to receive coverage under this chapter. (c) A health care practitioner or facility designated under Subsection (b) is entitled to receive insurance coverage under this chapter in accordance with Chapter 1901 in the same manner as other health care providers described by Section 2203.002 and Section 1901.001. (d) The commissioner's order may indicate whether a health care practitioner or facility designated under Subsection (b) is included under the policyholder's stabilization reserve fund established under Section 2203.301 or 2203.303 or whether a separate policyholder's stabilization reserve fund is created. A separate policyholder's stabilization reserve fund established under this subsection operates in the same manner as a policyholder's stabilization reserve fund created under Section 2203.303. Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.