§ 245.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Health Care Services Malpractice Act (40 P.S. § § 1301.101—1301.1006).
Carrier’s annual premium—For each inforce policy as of August 31 of the emergency surcharge year, the 12 month premium calculated by using the rating factors for the risk as of August 31 of the emergency surcharge year and applying the rates in effect as of the policyholder’s most recent previous annual anniversary date. If the policy has a 6 month policy period, the rate is twice such rate; if the policy has a 3 month policy period, the rate is four times such rate. For policies of other terms, the rate shall be calculated on a similar basis.
Commissioner—The Insurance Commissioner of the Commonwealth.
Department—The Insurance Department of the Commonwealth.
Emergency surcharge year—The calendar year during which the Commissioner has determined an emergency surcharge to be necessary.
Fund—The Medical Professional Liability Catastrophe Loss Fund.
Inforce policy—A policy which provides basic coverage insurance to a policyholder for an incident on August 31 of the emergency surcharge year. If the policy provides occurrence type coverages, the policy is considered inforce if the policy includes coverage for incidents occurring on August 31 of the emergency surcharge year. If the policy provides claims made type coverage, the policy is considered inforce if the policy includes coverage for incidents reported on August 31 of the emergency surcharge year. For the purpose of determining inforce policies or exposures:(i) Expired claims made policies which have been endorsed with a reporting endorsement—tail coverage—may not constitute an inforce policy as of August 31 of the emergency surcharge year.
(ii) In the case of inforce occurence policies which have been endorsed to provide prior acts coverage, the prior acts portion may not constitute a part of an inforce policy as of August 31 of the emergency surcharge year.
Inforce self-insurance plan—An approved self-insurance plan in accordance with section 701 of the act (40 P.S. § 1301.701) providing protection for an incident occurring on August 31 of the emergency surcharge year.
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