State Codes and Statutes

Statutes > New-jersey > Title-17 > Section-17-30d > 17-30d-2

17:30D-2.  Purpose;  application to medical malpractice liability insurance    a.  The purpose of this act is to assure that medical malpractice liability  insurance is readily available to licensed medical practitioners and health  care facilities by establishing a reinsurance association, requiring the  association to reinsure medical malpractice liability insurance policies issued  by certain providers and permitting the association to write such policies on a  direct basis, to determine when the association has sustained a deficit, and to  provide for recoupment of losses resulting from the operation of the  association through surcharges on insureds and to grant the Commissioner of  Insurance temporary emergency powers to set up and operate the reinsurance  association if such insurance is unavailable for any class of licensed medical  practitioners or health care facilities.

    b.  This act shall apply to medical malpractice liability insurance as defined herein.

     L.1975, c. 301, s. 2, eff. Jan. 30, 1976.  Amended by L.1978, c. 153, s. 1.
 
17:30D-3  Definitions.
 
3.As used in this act:

a."Association" means the New Jersey Medical Malpractice Reinsurance Association established pursuant to the provisions of this act.

b."Commissioner" means the Commissioner of Banking and Insurance.

c."Licensed medical practitioner" means and includes all persons licensed in this State to practice medicine and surgery, chiropractic, podiatric medicine, dentistry, optometry, psychology, pharmacy, nursing, physical therapy and as a bioanalytical laboratory director.

d."Medical malpractice liability insurance" means insurance coverage against the legal liability of the insured and against loss, damage or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed medical practitioner or health care facility or a claim arising out of ownership, operation or maintenance of the practitioner's or facility's business premises, including primary and excess coverages.

e."Health care facility" means and includes all hospitals within this State, and any other health care facility as defined in the "Health Care Facilities Planning Act." P.L.1971, c.136  (C.26:2H-1 et seq.).

f."Plan of operation" means the plan of operation of the association approved by the commissioner pursuant to the provisions of this act.

g."Net direct premium written" means direct written personal injury liability and property damage liability insurance as provided in R.S.17:17-1 d. and e., excluding workmen's compensation and employer's liability insurance written in connection therewith, less policyholder dividends and return premiums for the unused or unabsorbed portion of premium deposits and excluding premiums ceded to or written by the association.

h."Provider" means an insurer admitted and licensed in this State to write general liability insurance which has been qualified by the board of directors of the association and has not been disqualified by the commissioner.

L.1975,c.301,s.3; amended 1978, c.153, s.2; 2005, c.259, s.23.