NY Mil L § 316-B (2021)
2021 New York Laws MIL - Military Article 13 - New York State Soldiers' and Sailors' Civil Relief Act 316-B - Professional Liability Protection for Certain Persons Ordered to Active Duty in Armed Forces.

§ 316-b. Professional liability protection for certain persons ordered to active duty in armed forces. 1. Definitions. As used in this section:  (a)  The  term "active duty in state military service" means full-time status (other than for training) with a force  of  the  state  organized militia as defined in subdivision one of section two of this chapter.  (b)  The  term  "active duty in military service of the United States" means full-time status (other than for training) in  the  United  States armed  forces  as  defined  in  subdivision eight of section one of this chapter.  (c) The term "profession" includes occupation.  (d) The term "professional" includes occupational.   2. Applicability. This section applies to any person who:  (a) is ordered to active duty (other  than  for  training)  in  either state  military  service  pursuant  to subdivision one of section six of this chapter, or in the military service of the United  States  pursuant to title 10 of the United States Code; and  (b) immediately before receiving the order to active duty:  (i)  was  engaged  in  the furnishing of health-care services or other services determined  by  the  secretary  of  state  to  be  professional services; and  (ii) had in effect a professional liability insurance policy that does not  continue  to  cover claims filed with respect to such person during the period of the person's active duty unless the premiums are paid  for such coverage for such period.   3.  Suspension  of  coverage.  (a) Coverage of a person referred to in subdivision two of this section by a  professional  liability  insurance policy  shall  be  suspended  in accordance with this subdivision if the insured requests such suspension in  writing  and  delivers  it  to  the insurance carrier by certified mail. The request shall be effective upon mailing.  (b) A professional liability insurance carrier:  (i)  shall  not  require  that  premiums  be paid by or on behalf of a person for  any  professional  liability  insurance  coverage  suspended pursuant to paragraph (a) of this subdivision; and  (ii)  shall refund any amount paid for coverage for the period of such suspension or, upon the election of such person, apply such  amount  for the  payment  of any premium becoming due upon the reinstatement of such coverage.  (c) A professional liability insurance carrier  shall  not  be  liable with  respect  to  any  claim  that  is  based  on  professional conduct (including any failure to take any action in a professional capacity) of a person that occurs during a period  of  suspension  of  that  person's professional   liability  insurance  under  this  subdivision.  For  the purposes of the preceding sentence, a claim based upon the failure of  a professional  to  make  adequate  provision for patients to be cared for during the period of the professional's active  duty  service  shall  be considered to be based on an action or failure to take action before the beginning   of  the  period  of  suspension  of  professional  liability insurance under this section, except in a  case  in  which  professional services were provided after the date of the beginning of such period.   4.  Reinstatement  of  coverage.  (a) Professional liability insurance coverage suspended in the case of any  person  pursuant  to  subdivision three  of  this  section shall be reinstated by the insurance carrier on the date on which that person sends by certified mail to  the  insurance carrier a written request for reinstatement.  (b)  The request of a person for reinstatement shall be effective upon mailing only if the person mails the request to the insurance carrier by certified mail within thirty days after the date on which the person  is  released from active duty. The insurance carrier shall notify the person of  the  due  date  for  payment  of the premium of such insurance. Such premium shall be paid  by  the  person  within  thirty  days  after  the effective date of that notice.  (c)  The  period  for  which professional liability insurance coverage shall be reinstated for a person under this  subdivision  shall  not  be less  than  the  balance  of  the  period  for which coverage would have continued under the insurance  policy  if  the  coverage  had  not  been suspended.   5.  Increase  in  premium. An insurance carrier shall not increase the amount of the  premium  charged  for  professional  liability  insurance coverage  of  any  person for the minimum period of the reinstatement of such coverage required under paragraph (c) of subdivision four  of  this section  to  an  amount  greater  than  the  amount  chargeable for such coverage for such period before the suspension, except to the extent  of any  general increase in the premium amounts charged by that carrier for the same professional liability coverage for persons  similarly  covered by such insurance during the period of the suspension.   6.  Continuation  of coverage of unaffected persons. This section does not:  (a) require a suspension of professional liability insurance  coverage for  any  person  who  is not a person referred to in subdivision two of this section and who is  covered  by  the  same  professional  liability insurance as a person referred to in such subdivision; or  (b)  relieve  any  person  of  the  obligation to pay premiums for the coverage not required to be suspended.   7.  Stay  of  civil  or  administrative  actions.  (a)  A   civil   or administrative   action   for  damages  on  the  basis  of  the  alleged professional negligence or other  professional  liability  of  a  person whose professional liability insurance coverage has been suspended under subdivision  three  of this section shall be stayed until the end of the period of the suspension if:  (i) the action was commenced during that period;  (ii) the action is based on an act or omission  that  occurred  before the date on which the suspension became effective; and  (iii) the suspended professional liability insurance would, except for the suspension, on its face cover the alleged professional negligence or other  professional liability negligence or other professional liability of the person.  (b) Whenever a civil or administrative action for  damages  is  stayed pursuant to subparagraph (i) of paragraph (a) of this subdivision in the case of any person, the action shall be deemed to have been filed on the date  on  which  the  professional  liability insurance coverage of such person is reinstated under subdivision four of this section.   8. Effect of suspension upon limitations period.  In  the  case  of  a civil  or administrative action for which a stay could have been granted under subdivision seven of this section by reason of the  suspension  of professional  liability  insurance  coverage of the defendant under this subdivision, the period of the  suspension  of  the  coverage  shall  be excluded  from  the computation of any statutory period of limitation on the commencement of such action.   9. Death during period of suspension. If a person  whose  professional liability  insurance coverage is suspended pursuant to subdivision three of this section dies during the period of the suspension:  (a) the requirement for the grant or continuance  of  a  stay  in  any civil or administrative action against such person pursuant to paragraph (a)  of subdivision seven of this section shall terminate on the date of the death of such person; and  (b) the carrier of the professional liability insurance  so  suspended shall be liable for any claim for damages for professional negligence or other  professional  liability of the deceased person in the same manner and to the same extent as such carrier would be liable if the person had died while covered by such insurance but before the claim was filed.