SB 576 — Relating to Patient Injury Compensation Fund

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 576 By Senators Gaunch, Palumbo, Ferns, Trump, and Plymale [Introduced[Passed FebruaryMarch 16,8, 2018;

Referredin effect 90 days from passage] AN ACT to theamend Committeeand onreenact §29-12D-1a of the Judiciary;Code of West Virginia, 1931, as amended;

and then to the Committee on Finance] A BILL to amend and reenact §29-12D-1a§59-1-11 and §59-1-28a of thesaid Codecode, ofall Westrelating Virginia,to 1931,Patient asInjury amended;Compensation Fund;

andchanging todates amendfor andcollection reenact §59-1-11 and §59-1-28a of saidassessments code,to allbe relatingdeposited toin the Patient Injury Compensation Fund;

changingdesignating theperson datesresponsible for collectionpaying ofassessment fees to be deposited in thecertain Patientcircumstances; Injury Compensation Fund;

updatingconforming definitions;language establishing when certain assessment must be paid with current law language describing when medical malpractice claim may be asserted;

and changing the amount of certain circuit clerk filing fees.fees;

and correcting cross-references.

The assessment shall be collected as part of licensure or license renewal beginning July 1, 2016, for licenses issued or renewed in calendar year 2016 through calendar year 2019 December 31, 2021:

——The FromBoard Julyof 1,Risk 2016and throughInsurance JuneManagement 30,shall 2020,levy an assessment of $25 shall be levied by the Board of Risk and Insurance Management on trauma centers for each trauma patient treated at a health care facility designated by the Office of Emergency Medical Services as a trauma center, as reported to the West Virginia Trauma Registry.Registry, from January 1, 2016, through June 30, 2021.

Beginning July 1, 2016, and annually thereafter until June 30, 2020, the Board of Risk and Insurance Management shall assess each trauma center for trauma patients treated from January 1 to December 31 of the previous year:

Provided, That the assessment to be collected by the Board of Risk and Insurance Management on June 30, 2017, shall be based on each trauma patient treated from January 1, 2016, to December 31, 2016 The Board of Risk and Insurance Management shall levy an assessment of $25 for each trauma patient treated at a health care facility designated by the Office of Emergency Medical Services as a trauma center, as reported to the West Virginia Trauma Registry, from January 1, 2016, through June 30, 2021.

— From July 1, 2016, through June 30, 2020 December 31, 2021, an assessment of one percent of the gross amount of any settlement or judgment in a qualifying claim shall be levied.

(1) For purposes of this subsection, a qualifying claim is any claim for which a screening certificate of merit as that term is defined in section six, article seven-b, chapter fifty-five of this code is required, or for which a statement setting forth the basis of the alleged liability of the health care provider is allowed in lieu of the screening certificate of merit, as defined in §55-7B-6 of this code.

At the time that an action alleging a qualified claim is dismissed by the parties, the assessment shall be paid remitted by the plaintiff ofor his or her counsel to the clerk of the court, who shall then remit the assessment to the State Treasury to be deposited in the fund.

(d) Termination of assessments Annual Report;

Provided, That on and after December 31, 2021, the filing fee for instituting an action for medical professional liability shall be $280;$280, of which $10 shall be deposited in the Courthouse Facilities Improvement Fund created by §29-26-6 of this code;

(c) Notwithstanding any provision of §59-1-28a(a) or §59-1-28a(b) of this code to the contrary, the clerk of the court shall, at the end of each month, pay into the Family Court Fund established under §51-2A-22 of this code an amount equal to the amount of every fee received for petitioning for the modification of an order involving child custody, child visitation, child support, or spousal support as determined by §11-1-11(a)(3)§59-1-11(a)(4) of this code and for petitioning for an expedited modification of a child support order as provided in §11-1-11(a)(4)§59-1-11(a)(5) of this code.

(f) The clerk of the circuit court shall, at the end of each month, pay into the Medical Liability Fund Patient Injury Compensation Fund established under article twelve-b, chapter twenty-nine §29-12D-1 ofet thisseq. code, an amount equal to $285 of every filing fee received for instituting a medical professional liability action:

Provided, That effective July 1, 2016, payment shall be into the Patient Injury Compensation Fund created by the provisions of article twelve-d, chapter twenty-nine of this codecode, thean paymentsamount intoequal theto Patient$285 Injuryof Compensationevery Fundfiling requiredfee byreceived thisfor subsectioninstituting shalla ceasemedical followingprofessional paymentliability byaction: the clerk based on filing fees received through December 31, 2021.

Provided, That the payments into the Patient Injury Compensation Fund required by this subsection shall cease following payment by the clerk based on filing fees received through December 31, 2021.

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The purpose of this bill is to change the dates for collection of fees to be deposited in the Patient Injury Compensation Fund and providing for transfer of remaining funds.

It also reduces the fee for instituting an action for medical professional liability.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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