West Virginia Code § 29-12B-10

Deposit, expenditure and investment of premiums
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(a) The premiums charged and collected by the board under this article shall be deposited
into a special revenue account hereby created in the state Treasury known as the "Medical
Liability Fund", and shall not be part of the general revenues of the state. Disbursements
from the special revenue fund shall be upon requisition of the executive director and in
accordance with the provisions of chapter five-a of this code. Disbursementse shall pay
operating expenses of the board attributed to these programs and the board's share of any
judgments or settlements of medical malpractice claims. Funds shall ber invested with the
consolidated fund managed by the West Virginia Investment Management Board and
interest earned shall be used for purposes of this article.
(b) Start-up operating expenses of the medical liability fund,t not to exceed $500,000, may be
transferred to the medical liability fund pursuant to an appropriation by the Legislature from
any special revenue funds available. The medical liability fund shall reimburse the board
within twenty-four months of the date of the transfer.
(c) For purposes of establishing a pool from wshich settlements and judgments may be paid,
notwithstanding any other provision of this code to the contrary, a portion of the initial
capitalization of the pool may be provided through a transfer of no greater than $4,000,000
from the State Special Insurance Fugnd established in section five, article twelve of this
chapter. All funds transferred pursuant to this section are to be repaid by transfer from the
Medical Liability Fund to the Setate Special Insurance Fund, together with interest that
would have accrued in the State Special Insurance Fund, by July 1, 2006. Funds are to be
transferred only as needLed for expenditures from the Medical Liability Fund created in this
section. The Treasurer shall effect these transfers pursuant to this section upon written
request of the Director of the Board of Risk and Insurance Management.
(d) On July 1, 2016, all funds in the Medical Liability Fund, including all funds currently
invested pursuant to the terms of subsection (a) of this section, shall be transferred to the
WesWt Virginia Patient Injury Compensation Fund established by section one, article twelve-d
of this chapter. Thereafter, the Medical Liability Fund established pursuant to this section
shall be closed.

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