S02133 Summary:

BILL NOS02133
 
SAME ASNo Same As
 
SPONSORFLANAGAN
 
COSPNSR
 
MLTSPNSR
 
Amd S18, Chap 266 of 1986
 
Lowers the primary medical malpractice coverage that a physician or dentist must have in force in order to be eligible for the NYS Excess Medical Malpractice Liability Insurance Coverage program.
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S02133 Actions:

BILL NOS02133
 
01/21/2015REFERRED TO INSURANCE
01/06/2016REFERRED TO INSURANCE
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S02133 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2133
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2015
                                       ___________
 
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
 
        AN ACT to amend chapter 266 of the laws  of  1986,  amending  the  civil
          practice  law  and  rules  and  other laws relating to malpractice and
          professional medical conduct, in relation to terms of insurance cover-
          age
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
     2  of the laws of 1986, amending the civil practice law and rules and other
     3  laws  relating  to  malpractice  and  professional  medical  conduct, as
     4  amended by section 18 of part B of chapter 60 of the laws  of  2014,  is
     5  amended to read as follows:
     6    (a)  The  superintendent  of  [insurance]  financial  services and the
     7  commissioner of health or their designee shall, from funds available  in
     8  the  hospital excess liability pool created pursuant to subdivision 5 of
     9  this section, purchase a policy or policies for excess insurance  cover-
    10  age,  as  authorized by paragraph 1 of subsection (e) of section 5502 of
    11  the insurance law; or from an insurer, other than an  insurer  described
    12  in  section  5502  of  the  insurance law, duly authorized to write such
    13  coverage and actually writing  medical  malpractice  insurance  in  this
    14  state; or shall purchase equivalent excess coverage in a form previously
    15  approved  by  the  superintendent of insurance for purposes of providing
    16  equivalent excess coverage in accordance with section 19 of chapter  294
    17  of  the  laws  of  1985,  for  medical or dental malpractice occurrences
    18  between July 1, 1986 and June 30, 1987, between July 1,  1987  and  June
    19  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    20  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
    21  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
    22  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
    23  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05300-01-5

        S. 2133                             2
 
     1  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
     2  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
     3  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
     4  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
     5  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
     6  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
     7  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
     8  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
     9  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
    10  1,  2012  and June 30, 2013, between July 1, 2013 and June 30, 2014, and
    11  between July 1, 2014 and June 30, 2015 or reimburse the  hospital  where
    12  the hospital purchases equivalent excess coverage as defined in subpara-
    13  graph  (i)  of  paragraph  (a)  of  subdivision  1-a of this section for
    14  medical or dental malpractice occurrences between July 1, 1987 and  June
    15  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    16  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
    17  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
    18  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
    19  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
    20  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
    21  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
    22  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
    23  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
    24  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
    25  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
    26  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
    27  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
    28  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
    29  1,  2012  and June 30, 2013, between July 1, 2013 and June 30, 2014, and
    30  between July 1, 2014 and June 30, 2015 for physicians or dentists certi-
    31  fied as eligible for each such period or periods pursuant to subdivision
    32  2 of this section by a general hospital licensed pursuant to article  28
    33  of  the  public  health law; provided that no single insurer shall write
    34  more than fifty percent of the total excess premium for a  given  policy
    35  year;  and  provided, however, that such eligible physicians or dentists
    36  must have in force an individual policy, from  an  insurer  licensed  in
    37  this  state  of  primary malpractice insurance coverage in amounts of no
    38  less than one million [three hundred thousand] dollars for each claimant
    39  and three million [nine hundred  thousand]  dollars  for  all  claimants
    40  under  that  policy  during  the period of such excess coverage for such
    41  occurrences or be endorsed  as  additional  insureds  under  a  hospital
    42  professional  liability  policy  which  is  offered  through a voluntary
    43  attending physician ("channeling") program previously permitted  by  the
    44  superintendent  of  [insurance]  financial services during the period of
    45  such excess coverage for such  occurrences.  During  such  period,  such
    46  policy  for  excess  coverage  or such equivalent excess coverage shall,
    47  when combined with the  physician's  or  dentist's  primary  malpractice
    48  insurance  coverage  or  coverage provided through a voluntary attending
    49  physician ("channeling")  program,  total  an  aggregate  level  of  two
    50  million three hundred thousand dollars for each claimant and six million
    51  nine  hundred  thousand dollars for all claimants from all such policies
    52  with respect to occurrences in each of such years [provided, however, if
    53  the cost of primary malpractice insurance  coverage  in  excess  of  one
    54  million  dollars,  but  below  the  excess medical malpractice insurance
    55  coverage provided pursuant to this act, exceeds the rate of nine percent
    56  per annum, then the required  level  of  primary  malpractice  insurance

        S. 2133                             3

     1  coverage  in excess of one million dollars for each claimant shall be in
     2  an amount of not less than the dollar amount of such coverage  available
     3  at  nine  percent per annum; the required level of such coverage for all
     4  claimants  under  that  policy shall be in an amount not less than three
     5  times the dollar amount of coverage for each claimant; and excess cover-
     6  age, when combined with such  primary  malpractice  insurance  coverage,
     7  shall  increase  the  aggregate  level  for each claimant by one million
     8  dollars and three million  dollars  for  all  claimants];  and  provided
     9  further,  that,  with respect to policies of primary medical malpractice
    10  coverage that include occurrences between April 1,  2002  and  June  30,
    11  2002,  such  requirement  that  coverage  be in amounts no less than one
    12  million three hundred thousand  dollars  for  each  claimant  and  three
    13  million  nine hundred thousand dollars for all claimants for such occur-
    14  rences shall be effective April 1, 2002.
    15    § 2. This act shall take effect immediately.
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