210 Neb. Admin. Code, ch. 32, § 008 - Residual malpractice insurance authority

If, after diligent effort, a health care provider has been unable to obtain malpractice liability insurance and has been declined by at least two insurers authorized and writing medical malpractice liability insurance in the State of Nebraska, provided there are two such companies, the health care provider may apply for such coverage through the residual malpractice insurance authority. The application shall be made on a form prepared by the residual malpractice insurance authority which has been filed with and approved by the Department of Insurance. The application shall be accompanied by evidence of the two declinations in the form of letters from the declining insurer. If the application is accepted, the coverage shall be issued at the rates established by the Nebraska Department Insurance.

Qualification through the Residual Malpractice Insurance Authority shall be subject to the provisions of Sub section 004.02B regarding renewed qualification; Sub section 004.04 regarding suspension of qualification;

Section 005 regarding surcharge premium and Section 006 regarding notification to health care providers. Qualification under the Residual Malpractice Insurance Authority shall be on an occurrence form basis. As a condition for participating in the Residual Malpractice Insurance Authority, the health care provider must also maintain qualification in the Excess Liability Fund.


210 Neb. Admin. Code, ch. 32, § 008

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