S.F. _____ Section 1. Section 515F.4, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. Notwithstanding subsection 2, a 3 medical malpractice insurer shall consider past and prospective 4 loss experience solely within this state. 5 a. If insufficient loss experience exists within this state 6 upon which a rate can be based, the medical malpractice insurer 7 may consider loss experience within any other state or states 8 that have similar claim costs and frequency. 9 b. If sufficient loss experience from any other state is 10 not available, the medical malpractice insurer may consider 11 nationwide loss experience. 12 c. In its rate filing and records, the medical malpractice 13 insurer shall provide detailed information on the data 14 supporting the loss experience it is using. 15 d. When loss experience outside this state is considered by 16 a medical malpractice insurer, as much weight as possible shall 17 be given to loss experience within this state. 18 EXPLANATION 19 This bill requires medical malpractice insurers to consider 20 only past and prospective loss experience in Iowa when setting 21 rates unless insufficient loss experience exists in Iowa upon 22 which to base a rate. In that case a medical malpractice 23 insurer may consider loss experience within any other state or 24 states with similar claim costs or frequency, or if that is not 25 available, the insurer may consider nationwide loss experience. 26 Medical malpractice insurers are also required to provide 27 detailed information on the data supporting the loss experience 28 used and to give as much weight as possible to Iowa loss 29 experience if loss experience from outside the state is used. 30 -1- LSB 5138XC (3) 83 av/nh 1/ 1