State of West Virginia - West Virginia Legislature

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2c. Excess Insurance Coveraged. Pharmacy Benefits Managemente. Loss Control Servicesf. Other services as neededOn November 19, 2010, BRIM received seven responses to our RFP. Allresponders were interviewed over the following weeks and a successfulconsultant was to have been chosen by the end of December 2010.At the request of the Executive Office, on January 4, 2011, I met with thecurrent Chief of Staff, Deputy Chief of Staff, other members of Department ofAdministration and the Office of the Insurance Commissioner and was advisedthat the Executive Office was changing direction regarding Workers’Compensation coverage for state agencies, thus assigning administration of thatprogram to the Office of the Insurance Commissioner.On January 14, 2011, the Purchasing Division issued a Request for Proposal,on behalf of the Office of the Insurance Commissioner for an Enterprise RiskManagement Consultant to assist the Insurance Commission in formulating aprogram for addressing the Workers’ Compensation needs for West VirginiaState government agencies.Bids were opened February 11, 2011.Legislation:a. Senate Bill 513b. House Bill 31632. Procedural Rule: Title 115, Series 8, Administrative Appeal Hearing Rules forPatient Injury Compensation Fund (PICF).The purpose of this rule is to establish procedures to be used in administrativeappeals filed with the PICF and to provide supplemental guidance beyondthat provided in Title 115, Series 7 – Patient Injury Compensation Fund.The comment period ended February 11, 2011. There were no commentsreceived regarding the procedural rule.This rule was necessary due to our learning there was no administrative appealsrule when we were resolving a PICF claim through mediation.B. Marshall University/WVU Medical Malpractice Deductible Program• As of January 31, 2011, Marshall has deposited $3,994,661.38 into the escrowaccount. The year-to-date cumulative interest totals $119,779.74. There havebeen several disbursements during fiscal year 2011 totaling $1,617.567.84.
3• As of January 31, 2011, a total of $9,971,381,62 has been transferred ordeposited into WVU's escrow account. The year-to-date cumulative interesttotals $122,244.35. There have been several disbursements totaling$2,453,692.67 made during the first half of the fiscal year.C. LitigationExhibit #6 of the January 2011 Chartis report for the period ending December 31,2010 counts new lawsuits received, closed and pending in the current month, yearto-date,and the previous year-to-date. Additionally, the report tracks the numberof cases tried to verdict during the same time period and reductions made to legalinvoices.The report indicates that in December 2010, three cases were tried to verdict, withtwo defense verdicts and one plaintiff verdict.The plaintiff verdict was less than our offer of settlement and also less than thedemand.Year-to-date, eleven cases have been tried to verdict, with seven defense verdictsand four plaintiff verdicts. Of the four plaintiff verdicts, three were less than thedemand and one was a pure plaintiff verdict.D. Legislative Issues1. Senate bills of interest:a. 583 reducing surcharge on fire and casualty insurance policiesb. 588 permitting nonrenewal of vehicle insurance when passenger vehicleplaced into commercial usec. 582 requiring schools have crisis response plansd. 602 creating program for managing workers’ compensation coverage of stateentities by Insurance Commissionere. 603 including civil air patrol in state entities’ workers’ compensation coveragef. 553 creating workers’ compensation insurance subsidy program for volunteerfire departmentsg. 500 modifying deliberate intention exception to employers’ immunity fromlawsuits based on work-related injuries granted by workers’ compensationh. 451 relating to administration of workers’ compensation adverse risk plani. 401 relating to rate of interest on judgment or decreej. 402 relating to punitive damages in civil actions
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State of West Virginia - West Virginia Legislature

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