1. (a) The commissioner may adopt rules establishing the following:

   1. (1) The manner of determination of the surcharge for a health care provider that establishes financial responsibility in a way other than by a policy of malpractice liability insurance.
   2. (2) The manner of payment of the surcharge by such a health care provider.

2. (b) The surcharge calculation established under subsection (a) must provide comparability in rates for insured and self-insured hospitals. This surcharge may not exceed the surcharge that would be charged by the residual authority if the health care provider electing to establish financial responsibility in this manner had applied to the residual authority for insurance.

   [Pre-1998 Recodification Citation: 27-12-5-4.]

As added by P.L.1-1998, SEC.13.