For the purposes of this chapter, the following terms and phrases shall have the meaning set forth below:
(1) Health care or service.— Means any act, action or treatment provided or which should have been provided to a patient by a health service professional or a health care institution.
(2) Damage for malpractice.— Means any damage to a patient by error, omission, fault or negligence as a result of, or inherent in professional services rendered or which should have been rendered by a health service professional or a health care institution.
(3) Health care institution.— Means any facility or organization devoted to the care and maintenance of a patient’s health, including ambulatory surgical services authorized to operate as such, pursuant to the provisions of §§ 331 et seq. of Title 24, except nonprofit asylums as defined in said sections.
(4) Open market.— Means the market constituted by insurers, excluding surplus line insurers, who voluntarily and in the exercise of their rights to free competition, underwrite medical-hospital professional liability insurance policies.
(5) Plan.— Means the Insurers’ Syndicate Operating Plan.
(6) Health services professional.— Shall mean every person duly authorized pursuant to §§ 31–52d, 81–94u and 2851 et seq. of Title 20, and [who] practices the profession of physician, osteopath, dentist or podiatrist.
For the sole purpose that they may be insured by the Insurer’s Syndicate created in this chapter, this definition includes those professionals who are duly authorized to practice as naturopaths and doctors in naturopathy, as established by §§ 2501 et seq. and 2451 et seq. of Title 20.
(7) Medical-hospital professional liability insurance.— Means the professional liability insurance coverage established in this chapter for health service professionals and health care institutions.
(8) Qualified applicant.— Means any health services professional or health care institution, as defined herein, that has been unable to obtain medical-hospital professional liability insurance on the open market or prefers to obtain such insurance through the Syndicate.
(9) Syndicate.— Means the Insurers’ Syndicate to underwrite the medical-hospital professional liability insurance established in this chapter.
History —Ins. Code, added as § 41.020 on Dec. 30, 1986, No. 4, p. 869, § 1; Sept. 19, 1996, No. 242, § 1; Aug. 15, 1999, No. 247, § 1.