§ 1-42-206 — 1-42-202. Local government self-insurance program; creation; authorized payments

Wyoming § 1-42-206

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 42: LOCAL GOVERNMENT INSURANCE PROGRAM
• Art. 2: LOCAL GOVERNMENT SELF-INSURANCE PROGRAM -

Text

(a) There is created the local government self-insurance
program to provide a mechanism for local governments to pool
resources to handle claims brought against local governments
under the Wyoming Governmental Claims Act and arising under
federal law. It is the intent of the legislature that the local
government self-insurance program shall be operated by a joint
powers board formed by local governments participating in the
program and administered in accordance with the provisions of
this act. The program shall provide for assessments by
participating local governments, which together with all income
from investments of the program and payments by insurance or
reinsurance companies are actuarially sufficient to meet
anticipated claims against participating local governments and
all associated administrative expenses.
(b) Upon approval of the board, expenditures shall be made
by the program for the following claims which have been settled
or reduced to final judgment:
(i) Claims brought against participating local
governments, other than eligible senior citizen centers or their
public employees, other than peace officers, under the Wyoming
Governmental Claims Act;
(ii) Claims against participating local governments
or their judicial officers or public employees, other than peace
officers, arising under 42 U.S.C. 1983 or other federal statutes
subject to the provisions of subsection (e) of this section;
(iii) Claims brought against participating eligible
senior citizen centers, including its directors, officers,
employees and volunteers, arising from acts within the scope of
their activities in rendering any service that a senior citizen
center may lawfully render;
(iv) Claims against contract physicians, physician
assistants, nurses, optometrists or dentists brought under the
Wyoming Governmental Claims Act or federal law, provided:
(A) The contract physician, physician assistant,
nurse, optometrist or dentist is unable to procure medical
malpractice insurance coverage up to the limits specified in
W.S. 1-39-110(b) or 1-39-118(a) as applicable;
(B) The liability of the county shall not exceed
limits specified in W.S. 1-39-118(a) except as the limitation
may be increased by W.S. 1-39-110(b) both reduced by the amount
of the contract physician's, physician assistant's, nurse's,
optometrist's or dentist's malpractice insurance coverage
applicable to such claim; and
(C) The claim arises from the services performed
by the physician, physician assistant, nurse, optometrist or
dentist for a county jail.
(c) Upon approval of the board, expenditures may also be
made from the program for expenses related to claims under
subsection (b) of this section, administrative expenses,
insurance and services procured in accordance with W.S.