New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter III - Policy and Certificate Provisions › Subchapter B - Property and Casualty Insurance › Part 70 - Medical Malpractice Insurance Rate Modifications, Provisional Rates, Required Policy Provisions And Availability Of Additional Coverages › Section 70.20 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1998; established rates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 40 of chapter 266 of the Laws of
				  1986, as amended by section 128 of chapter 639 of the Laws of 1996, requires
				  the superintendent to establish rates for physicians and surgeons medical
				  malpractice policies for the policy period July 1, 1998, through June 30, 1999,
				  and establish a surcharge, of up to eight percent, on the rates for such
				  medical malpractice policies for the policy period July 1, 1998, through June
				  30, 1999, if required to satisfy any deficiency for the policy periods July 1,
				  1985, through June 30, 1997.
(b)
				  The superintendent has reviewed the reports mandated by section
				  70.8(h)  and
				  former section
				  70.9(f)  of this
				  Part, taken into account the factors set forth for consideration in section 128
				  of chapter 639 of the Laws of 1996, and evaluated the financial condition of
				  insurers issuing policies of medical malpractice insurance, as reflected by
				  examinations conducted in accordance with section 310  of the Insurance Law. As
				  a result of review and consideration, the superintendent has determined that a
				  deficiency exists, in one instance, for the policy periods July 1, 1985,
				  through June 30, 1997.
(c) Rates
				  and surcharges for occurrence policies providing primary coverage, up to $1
				  million/$3 million, issued or renewed during the period July 1, 1998, through
				  June 30, 1999, shall be as follows:
(1) For
				  Academic Health Professional Insurance Association, the rate adjustments shall
				  be as indicated in paragraph (8) of this subdivision. No surcharge shall be
				  collected for this insurer.
(2) For
				  Frontier Insurance Company, the rate adjustments shall be as indicated in
				  paragraph (9) of this subdivision. No surcharge shall be collected for this
				  insurer.
(3) For Group Council
				  Mutual Insurance Company, rates shall be those established pursuant to section
				  70.19(c)(3)  of
				  this Part. In addition, a surcharge of four percent shall be collected for this
				  insurer.
(4) For Medical Liability
				  Mutual Insurance Company, the rate adjustments shall be as indicated in
				  paragraph (10) of this subdivision. No surcharge shall be collected for this
				  insurer.
(5) For the Medical
				  Malpractice Insurance Association, the rate adjustments shall be as indicated
				  in paragraph (10) of this subdivision. No surcharge shall be collected for this
				  insurer.
(6) For Physicians
				  Reciprocal Insurers, the rate adjustments shall be as indicated in paragraph
				  (11) of this subdivision, which also reflects classification modifications
				  approved by the superintendent in accordance with section 2307 (a)  of the
				  Insurance Law. No surcharge shall be collected for this insurer.
(7) For all other insurers, rates shall be
				  those established by paragraph (4) of this subdivision, modified by the
				  difference between the insurer's expenses and those of the Medical Liability
				  Mutual Insurance Company, unless the insurer can demonstrate to the
				  satisfaction of the superintendent that another rate is appropriate. No
				  surcharge shall be collected for any such insurer unless specifically required
				  by the superintendent.
(8) Rate
				  adjustments for Academic Health Professional Insurance Association:
Old
New
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Class
Class
00*
01*
02*
03*
04*
05*
06*
1
1
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
2
2
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
3
3
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
4
4
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
5
5
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
6
6
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
7
7
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
8
8
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
11
9
+5.0%
+5.0%
+5.0%
+5.0%
+5.0%
-0.2%
+5.0%
10
10
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
9
11
-5.0%
-5.0%
-5.0%
-5.0%
-5.0%
-9.7%
-5.0%
12
12
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
14
13
+15.0%
+15.0%
+15.0%
+15.0%
+15.0%
+9.3%
+15.0%
13
14
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
15
15
+15.0%
+15.0%
+15.0%
+15.0%
+15.0%
+9.3%
+15.0%
16
16
-10.0%
-10.0%
-10.0%
-10.0%
-10.0%
-14.5%
-10.0%
*
Territory 01:
New York, Orange and Westchester Counties
Territory 02:
Bronx, Kings, Queens,
					 Richmond, Rockland and Sullivan Counties
Territory 03:
Nassau and Suffolk
					 Counties
Territory 04:
Putnam, Dutchess,
					 Columbia, Greene and Ulster Counties
Territory 05:
Erie and Niagara
					 Counties
Territory 06:
Livingston, Monroe,
					 Ontario, Seneca, Wayne and Yates Counties
Territory 00:
Remainder of
					 State
(9) Rate
				  adjustments for the Frontier Insurance Company:
Old
New
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Class
Class
00*
01*
02*
03*
04*
05*
06*
1
1
+10.9%
+10.9%
+10.9%
+10.9%
+10.9%
+5.4%
+10.9%
2
2
+12.3%
+12.2%
+12.2%
+12.2%
+12.2%
+6.5%
+12.3%
3
3
+1.3%
+1.3%
+1.3%
+1.3%
+1.3%
-3.8%
+1.3%
4
4
+2.6%
+2.6%
+2.6%
+2.6%
+2.6%
-2.5%
+2.6%
5
5
+2.6%
+2.6%
+2.6%
+2.6%
+2.6%
-2.5%
+2.6%
6
6
+2.6%
+2.6%
+2.6%
+2.6%
+2.6%
-2.5%
+2.6%
7
7
+16.4%
+16.5%
+16.5%
+16.5%
+16.4%
+10.6%
+16.5%
8
8
+2.6%
+2.6%
+2.6%
+2.6%
+2.6%
-2.5%
+2.6%
11
9
+16.4%
+16.5%
+16.5%
+16.5%
+16.5%
+10.7%
+16.4%
10
10
+16.5%
+16.5%
+16.5%
+16.5%
+16.5%
+10.6%
+16.5%
9
11
-2.5%
-2.5%
-2.5%
-2.5%
-2.6%
-7.4%
-2.5%
12
12
+10.9%
+11.0%
+11.0%
+11.0%
+10.9%
+5.4%
+10.9%
14
13
+27.7%
+27.6%
+27.6%
+27.6%
+27.6%
+21.2%
+27.6%
13
14
+10.9%
+10.9%
+10.9%
+10.9%
+11.0%
+5.3%
+10.9%
15
15
+27.6%
+27.6%
+27.5%
+27.5%
+27.6%
+21.2%
+27.6%
16
16
-0.1%
-0.1%
-0.1%
-0.1%
-0.1%
-5.1%
-0.1%
18
18
-5.1%
-5.1%
-5.1%
-5.1%
-5.1%
-9.8%
-5.1%
24
24
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
*
Territory 01:
New York, Orange and Westchester Counties
Territory 02:
Bronx, Kings, Queens,
					 Richmond, Rockland and Sullivan Counties
Territory 03:
Nassau and Suffolk
					 Counties
Territory 04:
Putnam, Dutchess,
					 Columbia, Greene and Ulster Counties
Territory 05:
Erie and Niagara
					 Counties
Territory 06:
Livingston, Monroe,
					 Ontario, Seneca, Wayne and Yates Counties
Territory 00:
Remainder of
					 State
(10) Rate
				  adjustments for the Medical Liability Mutual Insurance Company and the Medical
				  Malpractice Insurance Association:
Old
New
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Class
Class
00*
01*
02*
03*
04*
05*
06*
1
1
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
2
2
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
3
3
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
4
4
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
5
5
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
6
6
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
7
7
+5.0%
+5.0%
+5.0%
+5.0%
+5.0%
-0.2%
+5.0%
8
8
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
11
9
+5.0%
+5.0%
+5.0%
+5.0%
+5.0%
-0.2%
+5.0%
10
10
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
9
11
-5.0%
-5.0%
-5.0%
-5.0%
-5.0%
-9.7%
-5.0%
12
12
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
14
13
+15.0%
+15.0%
+15.0%
+15.0%
+15.0%
+9.3%
+15.0%
13
14
0.0%
0.0%
0.0%
0.0%
0.0%
-5.0%
0.0%
15
15
+15.0%
+15.0%
+15.0%
+15.0%
+15.0%
+9.3%
+15.0%
16
16
-10.0%
-10.0%
-10.0%
-10.0%
-10.0%
-14.5%
-10.0%
*
Territory 01:
New York, Orange and Westchester Counties
Territory 02:
Bronx, Kings, Queens,
					 Richmond, Rockland and Sullivan Counties
Territory 03:
Nassau and Suffolk
					 Counties
Territory 04:
Putnam, Dutchess,
					 Columbia, Greene and Ulster Counties
Territory 05:
Erie and Niagara
					 Counties
Territory 06:
Livingston, Monroe,
					 Ontario, Seneca, Wayne and Yates Counties
Territory 00:
Remainder of
					 State
(11) Rate
				  adjustments for Physicians Reciprocal Insurers:
Old
New
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Terr.
Class
Class
00*
01*
02*
03*
04*
05*
06*
1A
1A
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
1B
1B
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
2
2
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
3A
3A
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
3B
3B
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
5
5
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
5B
5B
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
6C
6C
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
6D
6D
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
8B
8B
+9.1%
+7.7%
+9.1%
+9.1%
+20.0%
+9.1%
-12.7%
8C
8C
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
8D
8D
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
9
9
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
9C
9C
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
9D
9D
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
9E
9E
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
10
10
0.0%
-1.3%
0.0%
0.0%
+10.0%
0.0%
-20.0%
*
Territory 01:
New York, Orange and Westchester Counties
Territory 02:
Bronx, Kings, Queens,
					 Richmond, Rockland and Sullivan Counties
Territory 03:
Nassau and Suffolk
					 Counties
Territory 04:
Putnam, Dutchess,
					 Columbia, Greene and Ulster Counties
Territory 05:
Erie and Niagara
					 Counties
Territory 06:
Livingston, Monroe,
					 Ontario, Seneca, Wayne and Yates Counties
Territory 00:
Remainder of
					 State