Professional Liability Insurance Coverage - Nursing Homes, Assisted Living Facilities, Nurse Midwives, and Licensed Certified Midwives - Disclosure (Nyeli Rose Lewis Act of 2026)
SB0293 requires certain long-term care facilities and midwifery providers to disclose when they do not carry professional liability insurance, or when such coverage has lapsed and not been renewed. The bill applies to nursing homes, assisted living programs, nurse midwives, and licensed certified midwives. In each case, the provider must give written or electronic notice to residents, prospective residents, or patients at specified times, obtain signatures acknowledging the notice, and keep the signed notice in the relevant records.
For nursing homes and assisted living programs, the bill requires notice to prospective residents at the first visit during any uninsured period, and to current residents within 30 days after a lapse in coverage. Facilities without coverage must also post a conspicuous notice visible to residents and guests. For nurse midwives and licensed certified midwives, notice must be given at the first visit during an uninsured period, and again as part of informed consent before any procedure is performed, unless the visit is only for incidental free care. Midwives must also post the information conspicuously in their place of practice.
The bill amends the Health – General and Health Occupations Articles by adding new disclosure requirements for nursing homes, assisted living programs, nurse midwives, and licensed certified midwives. It creates new sections requiring notice, signature, record retention, and public posting when professional liability insurance is absent or has lapsed, thereby adding compliance obligations to facility operators and individual practitioners. The act does not require providers to obtain insurance, but it changes the information that must be disclosed to consumers and patients and becomes effective October 1, 2026.
The bill appears to have been broadly supported and noncontroversial in the legislature. It passed the Senate 43-0 and the House 129-0, indicating unanimous approval in both chambers. The absence of committee transcript discussion also suggests there was little recorded opposition or debate. Overall, the sentiment reflected in the voting history is strongly favorable, likely because the measure is framed as a transparency and consumer-notice bill rather than a mandate to purchase insurance.
The main policy issue is not whether providers should carry insurance, but whether they should be required to disclose when they do not. Potential concerns would likely come from nursing homes, assisted living programs, and midwifery providers about administrative burden, recordkeeping, and the effect of public posting on consumer perception. On the other hand, supporters would emphasize patient and resident awareness, informed consent, and transparency about financial protection in the event of malpractice or negligence claims. No specific recorded opposition appears in the available history.