West Virginia Code § 33-20E-11

Eligibility for coverage
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(a) Only those health care providers who are unable to obtain medical professional liability
insurance because it is not available through the voluntary insurance market from insurers
licensed to transact insurance in West Virginia at rates approved by the commissioner are
eligible to obtain coverage through the association: Provided, That any health care provider
who can obtain medical professional liability insurance only pursuant to a "ceonsent to" or
"guide A" rate agreement will remain eligible to obtain coverage through the association.
Any health care provider who has medical professional liability insuranrce pursuant to article
twelve of chapter twenty-nine of this code is not eligible to obtain insurance through the
association.
(b) The commissioner shall designate, based upon market cotnditions, the categories of
health care providers who are eligible to obtain coverage from the association.

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