Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

383.005. Definitions. — As used in this chapter, unless otherwise clearly indicated by the context, the following words mean: (1) "Department", the department of commerce and insurance; and (2) "Director", the director of the department of commerce and insurance. ­­-------- (L. 2…

383.010. Authority to form business entity to provide malpractice insurance — nonresidents may be members, when. — 1. Notwithstanding any direct or implied prohibitions in chapter 375, 377, or 379, any three or more persons, residents of this state, being licensed under the provi…

383.015. License fee — registered agent required — articles of association required, contents of — bylaws, provisions required and allowed. — 1. Any such group of persons desiring to provide malpractice insurance or indemnification for its members shall pay a license fee of one h…

383.016. Articles of association and bylaws, additional contents. — The articles of association and the bylaws of any association created under the provisions of sections 383.010 to 383.040 shall: (1) Specify and define the types of assessments, including but not limited to initi…

383.020. Director to issue license, when. — The director of the department of commerce and insurance shall, within thirty days after any such articles of association are filed with him, determine if the proposed association meets the requirements of sections 383.010 to 383.040, a…

383.025. Association to commence business, when — liability of members limited — business to be nonprofit, dividends may be paid, how. — The association may, on the seventh day thereafter, commence to do business. The association shall be a body corporate, and shall do business a…

383.030. Examination by director authorized — annual license fee — amendments to bylaws filed, when. — 1. The director shall be authorized in accordance with sections 374.202 to 374.207, or in the event that either or both of such sections are repealed, then any successor section…

383.033. Association treated as mutual insurance company, tax purposes. — A Missouri nonprofit corporation formed for the purpose of providing malpractice insurance upon the assessment plan pursuant to sections 383.010 to 383.041 shall be treated as a Missouri mutual insurance co…

383.035. Association subject to certain laws — grace period for certain associations, limitations — certification filed with annual statement — rules and regulations, director may promulgate — impaired association, director's powers, review of — rating plans, filing of. — 1. Any …

383.037. Rates, requirements. — The rates made by each association licensed pursuant to sections 383.010 to 383.040 shall be subject to the following provisions: (1) Rates shall not be excessive or inadequate, nor shall they be unfairly discriminatory; (2) No rate shall be held t…

383.040. Medical malpractice association exempt from premium tax. — No association organized pursuant to the provisions of sections 383.010 to 383.040 shall be required to pay any premium tax in connection with the conduct of its business. ­­-------- (L. 1975 S.B. 458 § 7) Effect…

383.060. Definitions. — As used in sections 383.060 to 383.069, the following terms mean: (1) "Director", the director of the department of commerce and insurance; (2) "Real estate malpractice insurance", insurance coverage against a civil liability arising against the insured re…

383.062. Reports of real estate malpractice, contents. — 1. Every insurer providing real estate malpractice insurance to persons, corporations, copartnerships or associations licensed under the provisions of chapter 339 and all employees of the foregoing acting in the course and …

383.067. Immunity granted person reporting and director. — There shall be no liability or cause of action of any nature against any insurer's agents or employees, or the director or his representatives, for any action taken pursuant to sections 383.060 to 383.069. ­­-------- (L. …

383.069. Confidentiality of information and reports. — None of the information reported, compiled or summarized pursuant to sections 383.060 to 383.069 shall be discoverable or admissible in any proceeding. ­­-------- (L. 1986 H.B. 1393 § 5)

383.075. Definitions. — As used in sections 383.075 to 383.083, the following terms mean: (1) "Director", the director of the department of commerce and insurance; (2) "Legal malpractice insurance", insurance coverage against a civil liability arising against the insured resultin…

383.077. Reports of legal malpractice claims, contents. — 1. Every insurer providing legal malpractice insurance to attorneys at law or a professional corporation duly engaged in the practice of law in Missouri and all employees of the foregoing acting in the course and scope of …

383.079. Duty of director to issue statistical summary. — The director shall compile a statistical summary of all data submitted and shall issue a public report to the Missouri Bar and the supreme court of the state of Missouri. ­­-------- (L. 1985 H.B. 657 & 337 § 3)

383.081. Immunity granted person reporting and director. — There shall be no liability or cause of action of any nature against any insurer's agents or employees, or the director or his representatives, for any action taken pursuant to sections 383.075 to 383.083. ­­-------- (L. …

383.083. Confidentiality of information and reports. — None of the information reported, compiled or summarized pursuant to sections 383.075 to 383.083 shall be discoverable or admissible in any proceeding. ­­-------- (L. 1985 H.B. 657 & 337 § 5)

383.100. Definitions. — As used in sections 383.100 to 383.125, the following terms mean: (1) "Director", the director shall be the director of the department of commerce and insurance; (2) "Health care provider" includes physicians, dentists, clinical psychologists, pharmacists,…

383.105. Report of medical malpractice claims by certain insurers, contents, insurer defined. — 1. Every insurer providing medical malpractice insurance to a Missouri health care provider and every health care provider who maintains professional liability coverage through a plan …

383.106. Reporting standards — risk reporting categories — information compiled — report of rates. — 1. To effectively monitor the insurance marketplace, rates, financial solvency, and affordability and availability of medical malpractice coverage, the director shall establish by…

383.107. Publication of market rate. — Not later than December 31, 2009, and at least annually thereafter, the director shall, utilizing the information provided pursuant to section 383.106, establish and publish a market rate reflecting the median of the actual rates charged for…

383.108. Publication of comparison of base rates. — The director shall, utilizing the information provided under section 383.106, publish comparisons of the base rates charged by each insurer actively writing medical malpractice insurance. ­­-------- (L. 2006 H.B. 1837)

383.110. Reports, when due, form of. — Such reports shall be made to the director of the department of commerce and insurance quarterly on dates and in the form to be determined by the director. ­­-------- (L. 1976 H.B. 1308 § 3, A.L. 1986 S.B. 663)

383.115. Information confidential, exception. — 1. Information submitted pursuant to subsection 2 of section 383.105, subdivisions (1), (3) and (6) shall be deemed to be confidential communication except as provided in section 383.125. 2. Statistics in summary form of the informa…

383.120. Immunity granted persons reporting and to director. — There shall be no liability on the part of and a cause of action of any nature shall not arise against an insurer reporting hereunder, or its agents or employees, or the director or his representatives, for any action…

383.124. Administrative orders for violations of state laws or rules — civil action for violations. — 1. If the director determines that a person has engaged, is engaging, or is about to engage in a violation of sections 383.100 to 383.125 or a rule adopted or order issued pursua…

383.125. Director to forward reported information to appropriate licensing board — further reports, contents, requirements. — The director shall, upon receipt, submit in writing the pertinent and appropriate data and information submitted pursuant to subsection 2 of section 383.1…

383.130. Definitions. — As used in sections 383.130 and 383.133, the following terms shall mean: (1) "Disciplinary action", any final action taken by the board of trustees or similarly empowered officials of a hospital, ambulatory surgical center, owner or operator of a temporary…

383.133. Reports by hospitals, ambulatory surgical centers, nursing homes, and licensing authorities, when, contents, limited use, penalty. — 1. The chief executive office or similarly empowered official of any hospital, ambulatory surgical center, as such terms are defined in ch…

383.150. Definitions. — As used in sections 383.150 to 383.195, the following terms shall mean: (1) "Association" means the joint underwriting association established pursuant to the provisions of sections 383.150 to 383.195; (2) "Director" means the director of the department of…

383.155. Association created, when — limits of coverage — plan of operation, when due, contents of, amended, how — immunity from liability, when. — 1. A joint underwriting association may be created upon determination by the director after a public hearing that medical malpractic…

383.160. Policies, period covered — form of policy to be approved — rates, how regulated — assessments, how made — excess funds, disposition of. — 1. All association policies of insurance shall be written to provide medical malpractice insurance coverage as prescribed by the plan…

383.165. Additional first year charge to policyholders. — Each policyholder shall pay to the association in the first policy year, in addition to the premium payment due for insurance through the association, an amount equal to said premium payment. Such charge shall be separatel…

383.170. Persons eligible to apply for coverage — eligibility requirements. — 1. Any health care provider shall be entitled to apply to the association for medical malpractice liability insurance. Such application may be made on behalf of an applicant by a broker or agent authori…

383.175. Board of directors, composition — expenses, payment of authorized. — The association shall be governed by a board of eight directors, to be appointed by the director for the terms specified in the plan of operation. The composition of the board of directors shall be esta…

383.180. Annual statement, when due, contents of. — The association shall file in the office of the director annually on or before the first day of April, a statement which shall contain information with respect to its transactions, condition, operations and affairs during the pr…

383.185. Annual examination required, cost of, how paid. — The director shall make an examination into the affairs of the association at least annually. The expenses of every such examination shall be borne and paid by the association. ­­-------- (L. 1976 H.B. 1309 § 8)

[Repealed or reserved.]

383.195. Termination of plan, when. — Termination of any plan created pursuant to the authority of sections 383.150 to 383.195 shall be by the director pursuant to a public hearing in which it is determined that medical malpractice liability insurance is reasonably available to h…

383.200. Definition of insurer. — As used in sections 383.200 to 383.209, "insurer" includes any insurance company, mutual insurance company, medical malpractice association, any entity created under this chapter, or other entity providing any insurance to any health care provide…

383.203. Rates filed with director — form — open to public, copies. — 1. Every insurer shall file with the director all rates and supplementary rate information which is to be used in this state. Such rates and supplementary rate information shall be filed before use. 2. Rates fi…

383.206. Sale of health care provider policy prohibited, when — determining factors — insurer may charge additional premium or grant discount, when — supporting data — rulemaking authority. — 1. Notwithstanding the provisions of sections 383.037 and 383.160, no insurer shall issu…

383.209. Rate increases over fifteen percent prohibited without notice, exception. — Notwithstanding any other provision of law, no insurer shall, with regards to medical malpractice insurance, as defined in section 383.150, implement any rate increase of more than fifteen percen…

383.225. Insurer defined — prohibitions on insurers — failure to provide notice, continuation of coverage. — 1. As used in this section, "insurer" includes every insurance company authorized to transact business in this state, every unauthorized insurance company transacting busi…

383.500. Physicians or surgeons on staff of certain hospitals to furnish malpractice insurance, exceptions. — 1. Beginning on January 1, 1987, any physician or surgeon who is on the medical staff of any hospital located in a county which has a population of more than seventy-five…