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2008 Missouri Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagmo0007 and id is 1 raw text is: February 7, 2008

Honorable Wayne Cooper
State Representative, 155th District
Room 234, State Capitol
Jefferson City, Missouri 65101
Dear Representative Cooper:
You have submitted a request to this office for an opinion in response to the
following question:
Could you clarify who has primary coverage responsibility in an action involving a
volunteer healthcare professional working pro bono in a free clinic qualified as
an exempt entity in SB577 specifically commenting on the impact of the new
language contained in SB 577 ...
Liability or malpractice insurance obtained and maintained in force by or on
behalf of any health care professional licensed or registered under chapter 330,
331, 332, 334, 335, 336, 337, or 338 RSMo, shall not be considered available to
pay that portion of a judgment or claim for which the state legal expense fund is
liable under this paragraph;
The crucial understanding needed is to be able to assure a volunteer health care
professional that his/her employer or his/her personal liability carrier would not be
held responsible for any claim while providing free care in a 501(c)(3) entity.
We assume that you are inquiring about the effect of amendments made to
Section 105.711.2(3)(d), which provides legal expense fund coverage for certain
health care providers who provide services at nonprofit community health
centers. The coverage is predicated on a number of conditions: