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Bill

SB 255

Board of Risk and Insurance Management rule relating to Preferred Medical Liability and High Risk Medical Liability Program

2026 Regular Session

SB 255 empowers West Virginia's insurance board to create rules governing state medical malpractice liability coverage for healthcare providers through preferred and high-risk programs.

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Bill Summary · SB 255

Legislative bill overview

SB 255 authorizes the West Virginia Board of Risk and Insurance Management to establish and modify rules governing the state's Preferred Medical Liability and High Risk Medical Liability Programs. These programs appear to provide medical malpractice liability coverage for state-affiliated healthcare providers or medical professionals. The bill grants the Board regulatory authority to adjust program parameters, coverage terms, and operational requirements.

Why is this important

Medical liability insurance directly affects healthcare provider participation, patient care access, and state budget exposure for medical malpractice claims. Rules governing these programs influence healthcare costs, provider recruitment and retention, and the state's ability to manage risk in publicly-funded or state-supported medical facilities. How premiums and coverage are structured can determine whether providers remain in underserved areas.

Potential points of contention

  • Regulatory flexibility vs. legislative oversight: Delegating rulemaking authority to an agency board rather than requiring legislative approval could allow rapid changes to coverage or premium structures without full legislative debate
  • Cost implications for providers and state: Unclear whether rule changes could increase participant costs or state liability exposure without explicit legislative caps or restrictions
  • Transparency and public participation: Agency rulemaking processes may have different public notice and comment requirements than direct legislation, potentially limiting stakeholder input

Compiled from official sources — confirm details with the bill’s official record.

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