Section 11891 Of Chapter 5. Market Assistance Program For Long-term Health Care Facility Liability Insurance From California Insurance Code >> Division 2. >> Part 3. >> Chapter 5.
11891
. (a) If the commissioner finds after a public hearing that
liability insurance for long-term health care facilities, residential
care facilities for the elderly, or physicians who provide or
oversee the provision of services to residents in long-term health
care facilities or residential care facilities for the elderly is not
readily available in the voluntary insurance market, and that the
public interest requires this availability, the commissioner may
authorize the formation of a market assistance program to assist in
securing that insurance for long-term health care facilities,
residential care facilities for the elderly, or physicians who
provide or oversee the provision of services to residents in
long-term health care facilities or residential care facilities for
the elderly. The commissioner may require insurers, agents, and
brokers to attend public hearings and meetings concerning either the
need for a market assistance program or the organization and
formation of a program. The commissioner may also assist in securing
insurance for long-term health care facilities, residential care
facilities for the elderly, or physicians who provide or oversee the
provision of services to residents in long-term health care
facilities or residential care facilities for the elderly for which
commercial liability insurance is not readily available by forming a
risk pooling arrangement as permitted by the Federal Liability Risk
Retention Act of 1986.
(b) The commissioner may develop appropriate standards and
regulations to implement the market assistance program and risk
pooling arrangement authorized by this section.