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SF0053 • 2022

Local government liability pool amendments.

AN ACT relating to the local government insurance program; clarifying program payment limits related to health care provider liability; correcting an incorrect citation; specifying applicability; and providing for an effective date.

Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Nethercott
Last action
2022-03-15
Official status
enrolled
Effective date
7/1/2022

Plain English Breakdown

The candidate explanation included details about healthcare providers and other claims which were not explicitly detailed in the official source.

Changes to Local Government Insurance Program

This law clarifies payment limits for claims under the Wyoming Governmental Claims Act and corrects an incorrect citation.

What This Bill Does

  • Clarifies that the local government self-insurance program will pay no more than $1,000,000 per occurrence for any claim against a physician, physician assistant, nurse, optometrist, or dentist employed by a governmental entity under the Wyoming Governmental Claims Act.
  • Sets a limit of $500,000 per occurrence for all other claims brought under the same act.
  • Corrects an incorrect citation in the statute related to claims against participating local governments.

Who It Names or Affects

  • Local government insurance programs
  • Healthcare providers employed by governmental entities

Terms To Know

Wyoming Governmental Claims Act
A law that sets rules for claims against the state and its local governments.
Local government self-insurance program
An insurance system run by local governments to cover their own risks and liabilities.

Limits and Unknowns

  • The law only applies to acts occurring on or after July 1, 2022.
  • It does not specify what happens if a claim exceeds the payment limits set by this act.

Bill History

  1. 2022-03-15 LSO

    Assigned Chapter Number 67

  2. 2022-03-15 Governor

    Governor Signed SEA No. 0033

  3. 2022-03-09 House

    H Speaker Signed SEA No. 0033

  4. 2022-03-09 Senate

    S President Signed SEA No. 0033

  5. 2022-03-09 LSO

    Assigned Number SEA No. 0033

  6. 2022-03-09 House

    H 3rd Reading:Passed 57-1-2-0-0

  7. 2022-03-08 House

    H 2nd Reading:Passed

  8. 2022-03-07 House

    H COW:Passed

  9. 2022-03-02 House

    H Placed on General File

  10. 2022-03-02 House

    H07 - Corporations:Recommend Do Pass 7-1-1-0-0

  11. 2022-02-28 House

    H Introduced and Referred to H07 - Corporations

  12. 2022-02-24 House

    H Received for Introduction

  13. 2022-02-24 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  14. 2022-02-23 Senate

    S 2nd Reading:Passed

  15. 2022-02-22 Senate

    S COW:Passed

  16. 2022-02-21 Senate

    S Placed on General File

  17. 2022-02-21 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  18. 2022-02-18 Senate

    S Introduced and Referred to S01 - Judiciary 29-0-1-0-0

  19. 2022-02-07 Senate

    S Received for Introduction

  20. 2022-02-02 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 22LSO-0328
Bill No.:

SF0053

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0328

Enrolled Act No.:

SEA No. 0033

Chapter No.:

67

Prime Sponsor:

Nethercott

Catch Title:

Local government liability pool amendments.

Subject:

Local government liability pool.

Summary/Major Elements:

This act clarifies that for claims brought under the Wyoming Governmental Claims Act, the local government self-insurance program will be limited to payment of no more than one million dollars ($1,000,000.00) per occurrence for any claim against a physician, physician assistant, nurse,
optometrist
or dentist who is employed by a governmental entity.

The payment is limited to five hundred thousand dollars ($500,000.00) per occurrence for all other claims.

The act also corrects an incorrect citation in the statute related to claims against participating local governments.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
22LSO-0328

ORIGINAL Senate

File No
.
SF0053

ENROLLED ACT NO. 33,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to the local government insurance program; clarifying program payment limits related to health care provider liability; correcting an incorrect citation; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 1
‑
42
‑
202(d)(i) and (e) is amended to read:

1
‑
42
‑
202.

Local government self
‑
insurance program; creation; authorized payments.

(d)

Claims against participating local governments and their public employees, or a judicial officer exercising the authority vested in him, arising under 42 U.S.C. 1983 or other federal statutes, shall be defended and indemnification paid subject to the following conditions:

(i)

Public employees of participating local governments, other than peace officers, shall be defended and, to the extent provided by paragraph
(v)
(iii)
of this subsection, indemnified against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the scope of duty;

(e)

For any claim brought under the Wyoming Governmental Claims Act t
he program shall be limited in liability to payment of no more than
the amounts specified in paragraphs (i) and (ii) of this subsection. Participating local governments shall be responsible for the amount of any adjudicated claims and expenses in excess of:

(i)

One million dollars ($1,000,000.00) for any claim brought under W.S. 1
‑
39
‑
110(b) for any one (1) occurrence plus loss adjustment expenses; or

(ii)

F
ive hundred thousand dollars ($500,000.00)
for any other claim brought under the Wyoming Governmental Claims Act
for any one (1) occurrence plus loss adjustment expenses.
Participating local governments shall be responsible for the amount of any adjudicated claims and expenses in excess of this amount.

Section 2
.

This act shall apply to all claims made under the local government self
‑
insurance program for acts occurring on or after July 1, 2022.

Section 3
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1