LRB-3975/5
PJK:jld:ch
2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representatives Wasserman, Hines, Hahn,
Berceau, Molepske and
Turner, cosponsored by Senator Risser. Referred to
Committee on Rules.
AB983,1,2
1An Act to amend 655.27 (6) of the statutes;
relating to: the purpose of the
2injured patients and families compensation fund.
Analysis by the Legislative Reference Bureau
The health care liability provisions of the statutes require certain health care
providers to carry health care liability (medical malpractice) insurance with liability
limits of at least $1,000,000 for each occurrence and at least $3,000,000 for all
occurrences in a policy year. Any portion of a medical malpractice claim that exceeds
the policy limits is paid by the injured patients and families compensation fund
(fund) for health care providers that are subject to the health care liability
provisions. Money for the fund comes from annual fees paid by those health care
providers.
Current law provides that the fund is established to curb the rising costs of
health care by financing part of the liability incurred by health care providers, that
the fund is held in irrevocable trust for the sole benefit of health care providers and
proper claimants, and that the fund may not be used for any other purpose of the
state. This bill provides that the purposes for which moneys in the fund may not be
used include returning to health care providers any surplus moneys derived from
fees paid by the health care providers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB983,2,103
655.27
(6) Purpose and integrity of fund. The fund is established to curb the
4rising costs of health care by financing part of the liability incurred by health care
5providers as a result of medical malpractice claims and to ensure that proper claims
6are satisfied. The fund, including any net worth of the fund, is held in irrevocable
7trust for the sole benefit of health care providers participating in the fund and proper
8claimants. Moneys in the fund may not be used for any other purpose of the state
,
9including returning to health care providers any surplus moneys in the fund derived
10from fees paid under sub. (3).
