Pennsylvania’s facility that insures high risk medical professionals is a public agency, not a private entity, the Third Circuit Court of Appeals recently ruled.

The ruling by a three-judge panel opens the door for the state to access the Pennsylvania Professional Liability Joint Underwriting Association’s (JUA) $300 million budget surplus, something lawmakers have sought to do for years. Regulators say the surplus is far in excess of what the JUA needs for reserves to cover potential claims and the state has the right to access the funds for the good of the public. The JUA had successfully thwarted the state’s attempts to access its funds for years.

The state created the JUA almost 50 years ago to act as a professional liability insurer of last resort for high-risk medical providers. It is fun

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