Section 211-D. Joint Underwriting Association Board.
(a) Establishment and purpose.--The Joint Underwriting Association Board is established. The board shall govern the operations of the joint underwriting association and shall consist of the following members:
(1) Three members appointed by the Governor with experience in insurance and medical professional liability.
(2) One member appointed by each of the following:
(i) The President pro tempore of the Senate.
(ii) The Minority Leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The Minority Leader of the House of Representatives.
(b) Chair.--The Governor shall designate the chair from among the members.
(c) Terms and vacancies.--Members shall serve at the will of the appointing authority for a term of four years or until a successor is appointed and qualified. A vacancy shall be filled by the same appointing authority.
(d) Quorum and action.--A majority of the members shall constitute a quorum. Board action shall require an affirmative vote of a majority of the members present.
(e) Compensation.--Members shall serve without compensation but are entitled to reimbursement of expenses in accordance with the policies that govern reimbursement to Commonwealth executive agency personnel.
(f) Staff.--The board may appoint an executive director and technical, professional and administrative staff responsible for day-to-day operations, who shall serve at the pleasure of the board. The following shall apply:
(1) Salaries and benefits of employees of the board shall be set by the board.
(2) Employees, including the executive director, shall not be public employees for purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act.
(3) Employees, including the executive director, shall not be State employees for purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers).
(g) Powers and duties.--The board shall administer the plan of operation, set policy and exercise all reasonable and necessary powers relating to the operation of the joint underwriting association, including all of the following:
(1) Adopt bylaws and guidelines.
(2) Appoint committees and retain experts, advisors, consultants and agents as needed.
(3) Enter into agreements and contracts necessary for administration of the plan consistent with this act and the applicable provisions of the Mcare Act.
(4) Develop rates, rating plans, rating and underwriting rules and standards, rate classifications, rate territories, policy forms and riders in accordance with applicable Federal and State law and subject to approval under sections 712(f) and 731(b)(2) and (4) of the Mcare Act.
(5) Invest, borrow and disburse funds, budget expenses, levy assessments, receive contributions, reinsure liabilities of the joint underwriting association and perform other duties necessary or incidental to proper administration of the plan.
(6) If the board determines it is in the best interest of policyholders and the Commonwealth, and subject to the commissioner's approval, place a portion of the joint underwriting association's funds in a restricted receipt account in the State Treasury. The State Treasurer shall establish the restricted receipt account at the board's request.
(7) Authorize the executive director to participate in scheduling conferences and other provisions of Article IX of The Insurance Department Act on behalf of the board.
(211-D added Nov. 12, 2025, P.L.156, No.45)