DEFINITIONS

In this chapter: (1) "Assisted living facility" means a for-profit or not-for-profit assisted living facility. (2) "Association" means the joint underwriting association established under this chapter. (3) "Board of directors" means the board of directors of the association. (4) "Health care provider" means: (A) a person, partnership, professional association, corporation, facility, or institution licensed or chartered by this state to provide health care, as defined in Section 74.001(a)(10), Civil Practice and Remedies Code, as: (i) a registered nurse, dentist, podiatrist, pharmacist, chiropractor, or optometrist; (ii) a hospital; (iii) a nursing home; (iv) a radiation therapy center that is independent of any other medical treatment facility, is licensed by the Department of State Health Services in that agency's capacity as the Texas Radiation Control Agency under Chapter 401, Health and Safety Code, and is in compliance with the regulations adopted under that chapter; (v) a blood bank that is a nonprofit corporation chartered to operate a blood bank and is accredited by the American Association of Blood Banks; (vi) a nonprofit corporation that is organized for the delivery of health care to the public and is certified under Chapter 162, Occupations Code; (vii) a health center, as defined by 42 U.S.C. Section 254b, as amended; or (viii) an assisted living facility; or (B) an officer, employee, or agent of an entity listed in Paragraph (A) acting in the course and scope of that person's office, employment, or agency. (5) "Medical liability insurance" means primary and excess liability insurance coverage against: (A) the legal liability of the insured; and (B) loss, damage, or expense incident to a claim arising out of the death or injury of a person as the result of negligence in rendering or failing to render professional service by a health care provider or physician who is in a category eligible for coverage by the association. (6) "Net direct premiums" means gross direct premiums written on automobile liability and other liability insurance written under this code, less: (A) policyholder dividends; (B) return premiums for the unused or unabsorbed portion of premium deposits; and (C) return premiums on canceled contracts written on the liability risks. (7) "Nursing home" means a for-profit or not-for-profit nursing home. (8) "Physician" means a person licensed to practice medicine in this state.