NY Ins L § 315 (2021)
2021 New York Laws ISC - Insurance Article 3 - Administrative and Procedural Provisions 315 - Professional Malpractice or Misconduct; Reporting Requirements.

§ 315. Professional malpractice or misconduct; reporting requirements. (a)  Every  organization  or  person  authorized  to  issue professional liability insurance policies in this state shall report any disposition, whether by  judgment  or  settlement,  of  any  claim  made  against  an individual  licensed  pursuant  to  the provisions of title eight of the education law where the claim was  based  upon  fraud,  incompetence  or negligence  except  that  reports for physicians, physician's assistants and specialist's assistants shall be reported pursuant to the provisions of subsection (b) hereof.  (b) (1) Each insurance company engaged in issuing professional medical malpractice insurance in this state the  medical  malpractice  insurance association shall file with the superintendent and with the commissioner of  health  quarterly reports on all claims for medical malpractice made against any of its insureds and received  by  it  during  the  preceding three month period, a report of any surcharge or merit-rating adjustment made  on  an  insured's  premium  and  the  reason  for the surcharge or merit-rating adjustment and a  report  of  any  cancellation,  including voluntary   cancellation   by   the  insured  and  the  reason  for  the cancellation, of its insureds professional medical  liability  insurance for  reasons  other  than  non-payment  of premiums during the preceding three month period.  (2) Each hospital, as defined in article twenty-eight  of  the  public health law, which, and each health care practitioner licensed, certified or registered pursuant to the provisions of title eight of the education law  who,  is  self-insured  for  professional medical malpractice or is insured for professional medical malpractice with an  insurance  company not  licensed  to  do  business  in this state shall also file quarterly reports with the superintendent and the commissioner of  health  on  all claims  for  medical malpractice made against him, her, or it during the preceding three month period. For purposes of this section,  a  hospital which,  or  individual  who,  is  self-insured  for professional medical malpractice shall mean a hospital  which,  or  individual  who,  is  not insured  for  professional  medical malpractice with either an insurance company engaged in issuing professional medical malpractice insurance in this state or  the  medical  malpractice  insurance  association  or  an insurance company not licensed to do business in this state.  (c)  Reports  required  by  this  section  shall contain the following information:  (1) the name and address of the  professional  licensee  against  whom such  claim  is  made,  including  the name and address of the hospital, other person or institution if the report is made pursuant to subsection (b) hereof;  (2) the name, address and age of the claimant or plaintiff;  (3) the nature and substance of the claim;  (4) the date and place in which the claim arose;  (5) within three months after final  disposition  of  the  claim,  the amounts  paid,  if  any,  and  the  date  and  manner of disposition (by judgment, settlement or otherwise);  (6)  the  reasons  for  the  cancellation  of  professional  liability insurance for reasons other than non-payment of premiums; and  (7)   such   additional  information  as  the  superintendent  or  the commissioner  of  education  shall  require  for  reports  required   by subsection  (a)  hereof  and  as  the superintendent and commissioner of health shall require for reports required by subsection (b) hereof.  (d)(1) Reports required by subsection (a) hereof shall be  in  writing on a form prescribed by the superintendent and commissioner of education and  shall be submitted to the department of education within sixty days of the date of any settlement or judgment.  (2) Reports required by subsection (b) hereof shall be in writing on a form prescribed by the superintendent and  commissioner  of  health  and shall  be  submitted  to  them  not less than quarterly on dates jointly determined by them and shall contain  information  received  during  the preceding  three  month  period  concerning  claims received, additional required data not previously reported and disposition of claims.  (e) Written reports  and  other  documentation  compiled  pursuant  to subsection   (a)   hereof   shall  be  admissible  in  evidence  in  any administrative or judicial action or proceeding.  (f) Any report or information furnished or compiled pursuant  to  this section  shall  be  deemed  to  be a confidential communication. Reports required by subsection (a) hereof shall not be subject to inspection  or disclosure  in  any  manner  except  upon  written  request  by  a  duly authorized public agency or pursuant to a judicial subpoena issued in  a pending  action or proceeding. Reports required by subsection (b) hereof shall not be open for review or be  subject  to  subpoena  except  by  a public agency or authority of this state.  (g)  Malpractice  insurance  compliance  reporting  requirements.  The failure to make any report required by this section shall  constitute  a misdemeanor.  The  department of health shall oversee the enforcement of this subdivision, and on or before June thirtieth of each calendar  year provide  a report to the governor and the legislature regarding industry compliance.  Such  report  shall  include  a  recommendation  from   the department   regarding   changes   in   the   applicable  penalties  for noncompliance, which are  necessary  to  ensure  the  integrity  of  the reporting  system.  The  department shall further study the necessity of assessing penalties for false reporting  by  physicians,  hospitals,  or health  care  plans  for  purposes  of collecting and disseminating data required to be disclosed pursuant to title one of article  twenty-nine-d of the public health law.