The entity shall post and keep in effect during the term of the contract, the following policies and bonds:
(a) Medical-hospital professional liability insurance.
(b) A commercial public liability policy that includes, but is not limited to concluded operations and contractual liability; liability of independent contractors and extensive property damage.
(c) Employer liability policy.
(d) In the case of lease or sublease of the health facilities, a lease bond or its equivalent for that amount or value to be determined by the Secretary, together with the bank and in consultation with the Insurance Commissioner of Puerto Rico.
(e) With the advice of the Insurance Commissioner, the Secretary and the Bank, any other insurance policy or bond that under the circumstances are deemed necessary to protect the interests of the Commonwealth of Puerto Rico.
Every policy or bond shall be underwritten by an insurance entity of known solvency and responsibility, duly authorized to do business in Puerto Rico by the Department of State and the Insurance Commissioner.
In the case of a lease, sublease or cession of operations and administration of the health facility, it shall be compulsory for all contracting entity to include the Commonwealth of Puerto Rico, the Bank, the Department and any public entity with a proprietary interest in said health facilities as additional insured under the liability insurance policies required by §§ 3326—3326s of this title, or in the absence thereof, it shall be required to include in the same a release of responsibility issued by the contracting entity and its insurance company in favor of the Commonwealth of Puerto Rico, the Bank, the Department and any public entity with a proprietary interest in said health facilities.
The Secretary and the Bank, upon consultation with the Insurance Commissioner of Puerto Rico, shall establish the minimum amounts that the contracting agencies shall be obligated to maintain in policies and bonds.
History —Jan. 1, 2003, No. 3, § 7.