§ 519A.1 — Intent

Iowa § 519A.1

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 519A: MEDICAL MALPRACTICE INSURANCE

Text

1. The general assembly finds that a critical situation exists because of the high cost
and impending unavailability of medical malpractice insurance. The purposes of sections
519A.2 through 519A.13 are to assure that the public is adequately protected against losses
arising out of medical malpractice by providing licensed health care providers with medical
malpractice insurance through the requirement that certain liability insurance carriers write
medical malpractice insurance for a period of two years upon a finding of an emergency by
the commissioner of insurance that either such insurance is not available through normal
channels or that it is not available on a reasonable basis because of lack of competition for
such insurance, or otherwise; to establish an association to equitably spread the risks for
such insurance; and to provide for recoupment of losses resulting from the operation of the
association through a stabilization reserve fund contributed to by insureds, a surcharge on
future liability insurance policies, or a favorable premium tax treatment.
2. It is the intent of this chapter to provide only an interim solution to the impending
unavailability of medical malpractice insurance. It is not anticipated that this chapter will
resolve the underlying causes of the unavailability and high cost which extend beyond the
insurance mechanism. It is anticipated that future legislation will be required to deal on a
more permanent basis with the underlying causes of the current situation.

Legislative History

[C77, 79, 81, §519A.1]