Section 242.3. Notice of and amount of surcharge

(a) The Director, with the prior approval of the Insurance Commissioner, will publish, prior to December 1, in the Pennsylvania Bulletin, notice of a change in the amount of surcharge applicable to health care providers and collectible during the following calendar year.

(b) The effective date of a change in the amount of surcharge shall be January 1 and shall be applicable to policies of basic coverage insurance or plans of self-insurance having new or renewal dates occurring on or after January 1.

The provisions of this § 242.3 adopted October 15, 1976, effective October 16, 1976, 6 Pa.B. 2565; amended January 20, 1978, effective January 21, 1978, 8 Pa.B. 755; renumbered February 9, 1979, 9 Pa.B. 498. Immediately preceding text appears at serial page (32045).

Notation

Notes of Decisions

Relief in Court

These provisions provide for resolution of complaints of adverse agency action, and as such, do not provide adequate remedy or preclude litigant from seeking relief in court, where issue is Cat Fund’s failure to pay share of malpractice claim settlement, which places Fund in position of defendant, as opposed to its designed position of participant and/or arbiter. Ohio Cas. Group of Ins. Companies v. Argonaut Ins. Co., 525 A.2d 1195 (Pa. 1987).