Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 201-D. Declaration of policy

(1) A review by the commissioner of the number of policies written by the joint underwriting association shows that medical professional liability coverage is readily available in this Commonwealth and that the association should be modernized to achieve economy and administrative efficiency.

(2) As a result of a decline in the need in this Commonwealth for the medical professional liability insurance policies offered by the joint underwriting association under Subchapter B of Chapter 7 of the Mcare Act,  1 and a decline in the nature and amounts of claims paid out by the joint underwriting association under the policies, the joint underwriting association has money in excess of the amount reasonably required to fulfill its statutory mandate.

(3) Funds under the control of the joint underwriting association consist of premiums paid on the policies issued under Subchapter B of Chapter 7 of the Mcare Act and income from investment.  The funds do not belong to any of the members of the joint underwriting association nor any of the insureds covered by the policies issued.

(4) The joint underwriting association is an instrumentality of the Commonwealth. Money under the control of the joint underwriting association belongs to the Commonwealth.

(5) In periods of economic uncertainty, the Commonwealth is in need of revenue from all possible sources in order to continue to balance its budget and provide for the health, welfare and safety of the residents of this Commonwealth.

(6) The payment of money to the Commonwealth required under this article is in the best interest of the residents of this Commonwealth.