Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-6-2 - Definitions2.1. "Board" means the state of board of risk and insurance management.2.2. "Health Care Provider" means a person licensed by his or her respective Board to practice medicine in this state as a medical doctor or an osteopath or a podiatrist, pharmacist, registered nurse holding an advanced practice announcement, a physician's assistant, a dentist, a physical therapist, a chiropractor, a professional limited liability company or medical corporation, an association, partnership or other entity organized for the purpose of rendering professional services by persons who are health care providers, a hospital medical clinic, psychiatric hospital, or other medical facility authorized by law to provide professional medical services or such other health care provider as the Board may from time to time approve. A "health care provider" does not include any provider of professional medical services that has Medical Malpractice Insurance pursuant to article twelve of Chapter Twenty-Nine (29).2.3. "Sexual Acts" means that sexual conduct which constitutes a criminal or tortious act under the laws of West Virginia.2.4. "Prior acts" coverage means coverage for claims arising out of the providing of medical services, including medical treatment, which are first reported to the board during the effective policy period, but which occurred on or after the retroactive date reported in the policy declarations.2.5. "High risk" means the probability of loss is greater than average based on criteria specified in W.Va. Code § 29-12B-9 and established by the board.2.6. "Retroactive date" means the date designated in the policy declarations, before which coverage is not applicable.2.7. "Tail coverage" or "extended reporting coverage" is coverage that protects the health care provider against all claims arising from professional services performed while the claims-made policy was in effect and included in the policy but reported after the termination of the policy.2.8. The "preferred medical liability program and the high risk medical liability program" is also known as the "West Virginia Health Care Provider Professional Liability Insurance Availability Act."