State Codes and Statutes

Statutes > New-york > Isc > Article-23 > 2343

§  2343.  Medical  malpractice  insurance  rates;  special  additional  provisions regarding such rates. (a) Whereas the provisions of a chapter  of the laws of nineteen hundred eighty-five regarding medical and dental  malpractice will have both a prospective and retrospective  effect  upon  the  loss  experience of physicians, dentists and hospitals professional  liability  insurers,  including  the   medical   malpractice   insurance  association,  the  superintendent  is directed forthwith to review rates  previously in effect for the  period  commencing  July  first,  nineteen  hundred   eighty-four   and  ending  June  thirtieth,  nineteen  hundred  eighty-five, and, where appropriate, require modification of such  rates  for such period.    (b)  Any  such  modified  rate shall remain in effect as a provisional  rate for the period commencing July first, nineteen hundred  eighty-five  and  ending  on  November  thirtieth,  nineteen hundred eighty-five. The  superintendent,  subsequent  to   December   first,   nineteen   hundred  eighty-five,  shall  approve  final rates for the period commencing July  first, nineteen hundred eighty-five and ending June thirtieth,  nineteen  hundred  eighty-six.  No  insurer  shall have the duty to file for final  rates for the period commencing July first, nineteen hundred eighty-five  prior to December first, nineteen hundred eighty-five.    (c)  Notwithstanding  any  other  provision  of   this   chapter,   no  application  for an order of rehabilitation or liquidation of a domestic  insurer whose primary liability arises  from  the  business  of  medical  malpractice  insurance,  as  that  term  is defined in subsection (b) of  section five thousand five hundred one of this chapter, shall be made on  the grounds specified in subsection (a) or (c) of section seven thousand  four hundred two of this chapter at any time prior  to  June  thirtieth,  two thousand eleven.    (d)  The  superintendent  shall  promulgate a regulation, which may be  amended from  time  to  time,  establishing  a  physicians  professional  liability  insurance merit rating plan applicable to medical malpractice  insurance coverage whether written as an individual policy or through  a  voluntary   attending   physician   ("channeling")   program  previously  permitted by the superintendent which reflects an individual physician's  or surgeon's experience with respect  to  incidents  or  occurrences  of  alleged  medical  malpractice.  The regulation shall establish standards  and  limitations  intended  to  insure  that  merit  rating  plans   are  reasonable  and  are not unfairly discriminatory, inequitable, violative  of public policy or otherwise contrary to  the  best  interests  of  the  people of this state. Such regulation shall include:    (1)  reasonable  standards to be applied in arriving at premium rates,  surcharges and discounts based on an evaluation of the  hazards  of  the  insured,   geographical   area,   specialties   of  practice,  past  and  prospective  loss  and  expense  experience  for   medical   malpractice  insurance  written  and  to  be  written  in  this  state, trends in the  frequency and severity of losses, and the limited nature, if any, of the  practice of the insured;    (2) rules for recognizing experience of individual risks;    (3) any other factors deemed relevant in a system of merit rating  for  the purpose of establishing equitable merit rates.    The   superintendent   shall   also  consider,  in  establishing  such  regulation, whether premium rates unfairly  burden  physicians  who  are  initiating  their practice, those who are transitioning to retirement or  those who practice part-time or hold academic positions.    Insurers shall review merit rating plans which were  approved  by  the  superintendent  prior  to the promulgation of the regulation required by  this subsection  and  shall,  before  January  first,  nineteen  hundred  eighty-six,  file  with  the  superintendent statements that their meritrating plans conform with the regulation, or file an appropriate plan or  amendments to their existing plans which will bring them into compliance  with the standards of the regulation. Any such amendments  shall  become  effective upon approval by the superintendent.    (e)  The  superintendent  may approve an appropriate premium reduction  for an insured physician who successfully completes  a  risk  management  course,  which  must  be  approved by the superintendent subject to such  standards  as  the  superintendent  may  prescribe  by  regulation.   In  prescribing  such  regulation  the  superintendent  may consult with the  commissioner of health.

State Codes and Statutes

Statutes > New-york > Isc > Article-23 > 2343

§  2343.  Medical  malpractice  insurance  rates;  special  additional  provisions regarding such rates. (a) Whereas the provisions of a chapter  of the laws of nineteen hundred eighty-five regarding medical and dental  malpractice will have both a prospective and retrospective  effect  upon  the  loss  experience of physicians, dentists and hospitals professional  liability  insurers,  including  the   medical   malpractice   insurance  association,  the  superintendent  is directed forthwith to review rates  previously in effect for the  period  commencing  July  first,  nineteen  hundred   eighty-four   and  ending  June  thirtieth,  nineteen  hundred  eighty-five, and, where appropriate, require modification of such  rates  for such period.    (b)  Any  such  modified  rate shall remain in effect as a provisional  rate for the period commencing July first, nineteen hundred  eighty-five  and  ending  on  November  thirtieth,  nineteen hundred eighty-five. The  superintendent,  subsequent  to   December   first,   nineteen   hundred  eighty-five,  shall  approve  final rates for the period commencing July  first, nineteen hundred eighty-five and ending June thirtieth,  nineteen  hundred  eighty-six.  No  insurer  shall have the duty to file for final  rates for the period commencing July first, nineteen hundred eighty-five  prior to December first, nineteen hundred eighty-five.    (c)  Notwithstanding  any  other  provision  of   this   chapter,   no  application  for an order of rehabilitation or liquidation of a domestic  insurer whose primary liability arises  from  the  business  of  medical  malpractice  insurance,  as  that  term  is defined in subsection (b) of  section five thousand five hundred one of this chapter, shall be made on  the grounds specified in subsection (a) or (c) of section seven thousand  four hundred two of this chapter at any time prior  to  June  thirtieth,  two thousand eleven.    (d)  The  superintendent  shall  promulgate a regulation, which may be  amended from  time  to  time,  establishing  a  physicians  professional  liability  insurance merit rating plan applicable to medical malpractice  insurance coverage whether written as an individual policy or through  a  voluntary   attending   physician   ("channeling")   program  previously  permitted by the superintendent which reflects an individual physician's  or surgeon's experience with respect  to  incidents  or  occurrences  of  alleged  medical  malpractice.  The regulation shall establish standards  and  limitations  intended  to  insure  that  merit  rating  plans   are  reasonable  and  are not unfairly discriminatory, inequitable, violative  of public policy or otherwise contrary to  the  best  interests  of  the  people of this state. Such regulation shall include:    (1)  reasonable  standards to be applied in arriving at premium rates,  surcharges and discounts based on an evaluation of the  hazards  of  the  insured,   geographical   area,   specialties   of  practice,  past  and  prospective  loss  and  expense  experience  for   medical   malpractice  insurance  written  and  to  be  written  in  this  state, trends in the  frequency and severity of losses, and the limited nature, if any, of the  practice of the insured;    (2) rules for recognizing experience of individual risks;    (3) any other factors deemed relevant in a system of merit rating  for  the purpose of establishing equitable merit rates.    The   superintendent   shall   also  consider,  in  establishing  such  regulation, whether premium rates unfairly  burden  physicians  who  are  initiating  their practice, those who are transitioning to retirement or  those who practice part-time or hold academic positions.    Insurers shall review merit rating plans which were  approved  by  the  superintendent  prior  to the promulgation of the regulation required by  this subsection  and  shall,  before  January  first,  nineteen  hundred  eighty-six,  file  with  the  superintendent statements that their meritrating plans conform with the regulation, or file an appropriate plan or  amendments to their existing plans which will bring them into compliance  with the standards of the regulation. Any such amendments  shall  become  effective upon approval by the superintendent.    (e)  The  superintendent  may approve an appropriate premium reduction  for an insured physician who successfully completes  a  risk  management  course,  which  must  be  approved by the superintendent subject to such  standards  as  the  superintendent  may  prescribe  by  regulation.   In  prescribing  such  regulation  the  superintendent  may consult with the  commissioner of health.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-23 > 2343

§  2343.  Medical  malpractice  insurance  rates;  special  additional  provisions regarding such rates. (a) Whereas the provisions of a chapter  of the laws of nineteen hundred eighty-five regarding medical and dental  malpractice will have both a prospective and retrospective  effect  upon  the  loss  experience of physicians, dentists and hospitals professional  liability  insurers,  including  the   medical   malpractice   insurance  association,  the  superintendent  is directed forthwith to review rates  previously in effect for the  period  commencing  July  first,  nineteen  hundred   eighty-four   and  ending  June  thirtieth,  nineteen  hundred  eighty-five, and, where appropriate, require modification of such  rates  for such period.    (b)  Any  such  modified  rate shall remain in effect as a provisional  rate for the period commencing July first, nineteen hundred  eighty-five  and  ending  on  November  thirtieth,  nineteen hundred eighty-five. The  superintendent,  subsequent  to   December   first,   nineteen   hundred  eighty-five,  shall  approve  final rates for the period commencing July  first, nineteen hundred eighty-five and ending June thirtieth,  nineteen  hundred  eighty-six.  No  insurer  shall have the duty to file for final  rates for the period commencing July first, nineteen hundred eighty-five  prior to December first, nineteen hundred eighty-five.    (c)  Notwithstanding  any  other  provision  of   this   chapter,   no  application  for an order of rehabilitation or liquidation of a domestic  insurer whose primary liability arises  from  the  business  of  medical  malpractice  insurance,  as  that  term  is defined in subsection (b) of  section five thousand five hundred one of this chapter, shall be made on  the grounds specified in subsection (a) or (c) of section seven thousand  four hundred two of this chapter at any time prior  to  June  thirtieth,  two thousand eleven.    (d)  The  superintendent  shall  promulgate a regulation, which may be  amended from  time  to  time,  establishing  a  physicians  professional  liability  insurance merit rating plan applicable to medical malpractice  insurance coverage whether written as an individual policy or through  a  voluntary   attending   physician   ("channeling")   program  previously  permitted by the superintendent which reflects an individual physician's  or surgeon's experience with respect  to  incidents  or  occurrences  of  alleged  medical  malpractice.  The regulation shall establish standards  and  limitations  intended  to  insure  that  merit  rating  plans   are  reasonable  and  are not unfairly discriminatory, inequitable, violative  of public policy or otherwise contrary to  the  best  interests  of  the  people of this state. Such regulation shall include:    (1)  reasonable  standards to be applied in arriving at premium rates,  surcharges and discounts based on an evaluation of the  hazards  of  the  insured,   geographical   area,   specialties   of  practice,  past  and  prospective  loss  and  expense  experience  for   medical   malpractice  insurance  written  and  to  be  written  in  this  state, trends in the  frequency and severity of losses, and the limited nature, if any, of the  practice of the insured;    (2) rules for recognizing experience of individual risks;    (3) any other factors deemed relevant in a system of merit rating  for  the purpose of establishing equitable merit rates.    The   superintendent   shall   also  consider,  in  establishing  such  regulation, whether premium rates unfairly  burden  physicians  who  are  initiating  their practice, those who are transitioning to retirement or  those who practice part-time or hold academic positions.    Insurers shall review merit rating plans which were  approved  by  the  superintendent  prior  to the promulgation of the regulation required by  this subsection  and  shall,  before  January  first,  nineteen  hundred  eighty-six,  file  with  the  superintendent statements that their meritrating plans conform with the regulation, or file an appropriate plan or  amendments to their existing plans which will bring them into compliance  with the standards of the regulation. Any such amendments  shall  become  effective upon approval by the superintendent.    (e)  The  superintendent  may approve an appropriate premium reduction  for an insured physician who successfully completes  a  risk  management  course,  which  must  be  approved by the superintendent subject to such  standards  as  the  superintendent  may  prescribe  by  regulation.   In  prescribing  such  regulation  the  superintendent  may consult with the  commissioner of health.