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 70.17 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1995; 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 4 of chapter 256 of the Laws of 1993, requires the
				  superintendent to establish rates for physicians and surgeons medical
				  malpractice policies for the policy period July 1, 1993 through June 30, 1996
				  and establish a surcharge, of up to eight percent, on the rates for such
				  medical malpractice policies for the policy period July 1, 1995 through June
				  30, 1996, if required to satisfy any deficiency for the policy periods July 1,
				  1985 through June 30, 1994.
(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 4
				  of chapter 256 of the Laws of 1993, 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, 1994.
(c) Rates and
				  surcharges for occurrence policies providing primary coverage, up to $1
				  million/$3 million, issued or renewed during the period July 1, 1995 through
				  June 30, 1996, shall be as follows:
(1) For
				  Academic Health Professionals Insurance Association, Frontier Insurance
				  Company, Medical Liability Mutual Insurance Company and the Medical Malpractice
				  Insurance Association, the rate adjustments shall be as indicated in paragraph
				  (5) of this subdivision, which also reflects classification modifications
				  approved by the superintendent in accordance with section 2307 (a)  of the
				  Insurance Law. No surcharges shall be collected for these insurers.
(2) For Group Council Mutual Insurance
				  Company, rates shall be those established pursuant to section
				  70.16(c)(3)  of
				  this Part. In addition, a surcharge of four percent shall be collected for this
				  insurer.
(3) For Physicians'
				  Reciprocal Insurers, the rate adjustments shall be as indicated in paragraph
				  (6) 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.
(4) For all other insurers, rates shall be
				  those established by paragraph (1) of this subdivision, 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.
(5) Rate and classification changes for
				  Academic Health Professional Insurance Association, Frontier Insurance Company,
				  Medical Liability Mutual Insurance Company and Medical Malpractice Insurance
				  Association:
PREMIUM
								  CLASS
DESCRIPTION OF
								  CLASS
RATE
								  CHANGE
Old
New
1
1
Neurosurgery
0.0%
2
2
Obstetrics and Gynecology
0.0%
3
3
Orthopedic Surgery
-5.0%
4
4
Gynecology Only (
does not provide coverage
								for pre-natal care, obstetrical deliveries of any kind except for assistance at
								Cesarean Section, induced abortions or treatment of spontaneous abortions
								except for those in the first trimester
); Otolaryngology
								(
incl. otolaryngological, cosmetic plastic surgery
); Plastic
								and Reconstructive Surgery; and Vascular Surgery
-5.0%
5
5
General Surgery
0.0%
6
6
Colon and Rectal Surgery and/or Proctology; Urology
								(
incl. major surgery
); Family/General Practice and Limited
								Major Surgery and/or Anesthesiology;
0.0%
7
6
Otolaryngology (
excl. cosmetic plastic
								surgery
);
0.4%*
8
6
Family/General Practice and Limited Major Surgery
								(
no referred, surgery or abortions other than treatment of spontaneous
								abortions
);
3.1%*
9
6
Neurology and/or Psychiatry (
incl. the
								supervision, direction and/or performance of myelography, and/or
								angiography
)
8.4%*
7
7
Anesthesiology
-5.0%
10
8
ENT (
with surgery limited to minor procedures
								not including T&A
); Industrial Medicine and Minor Surgery; and
								Family/General Practice with Minor Surgery
0.0%
11
9
Internal Medicine (
incl. cardiac
								catheterization
); and Ophthalmology (
incl. major
								surgery
)
0.0%
12
10
Computerized Tomography; Diagnostic Radiology Only;
								and Diagnostic Radiology and Radiotherapy
0.0%
13
11
Dermatology (
incl. dermabrasion, hair
								transplants, micro-lipo injections, liposuction, face peels using Phenol, Mohs
								microsurgery and all procedures listed in Class 16, Dermatology
);
								Internal medicine (
excl. cardiac catheterization but incl. cardiology,
								gastroenterology, rheumatology, TB and lung diseases, endocrinology and medical
								oncology
); Pediatrics (
excl. T&A, other major surgery or
								general or spinal anesthesia
); Radiotherapy Only; and Urology
								(
incl. minor surgery
)
0.0%
14
12
Emergency Medicine
10.0%*
14
13
Industrial Medicine (
excl. surgery
);
								Ophthalmology (
with surgery limited to minor procedures
); and
								Family/General Practice (
no surgery
)
0.0%
15
14
Neurology (
excl. the supervision, direction
								or performance of myelography and/or angiography
)
10.0%
16
15
Pathology/Hematology
0.0%
17
16
Allergy (
incl. pediatric allergy
);
								Dermatology (
incl. the use of laser, face peels with agents other than
								Phenol, collagen injections and aclerotherapy, but excl. all procedures listed
								in Class 11, Dermatology
); Ophthalmology (
excl.
								surgery
); Physical medicine, rehabilitation, preventive medicine,
								public health; and Psychiatry (
excl. the supervision, direction or
								performance of myelography and/or angiography
)
-5.0%
* The above schedule includes
					 the following revised or new classifications:
* A revised Class 6 adding
					 Otolaryngology (
excl. cosmetic plastic surgery
) previously
					 Class 7, Family/General Practice and Limited Major Surgery (
no
					 referred, surgery or abortions other than treatment of spontaneous
					 abortions
) previously in Class 8 and Neurology and/or Psychiatry
					 (
incl. the supervision, direction and/or performance of myelography,
					 and/or angiography
) previously in Class 9; the rate increases for
					 these specialties resulted solely from the movement of these specialties from
					 lower rated classes to a higher rated class.
* A new Class 12, consisting of
					 Emergency Medicine, previously in Class 14; rates for new Class 12 are 10.0%
					 higher than old Class 14 (which has now been renumbered as Class 13).
(6) Rate and classification
				  changes for Physicians' Reciprocal Insurers:
PREMIUM
								  CLASS
DESCRIPTION OF
								  CLASS
RATE
								  CHANGE
Old
New
1
1A
Neurosurgery
16.1%*
1
1B
Obstetrics and Gynecology; and Open heart
								surgery
6.1%
2
2
Orthopedic Surgery
2.3%
3
3
Emergency Medicine; and Gynecology (
incl.
								gynecological surgery
)
2.3%
4
4
Surgeon Specialists
6.1%
5
5
General Surgery
11.1%
5A
5A
Otolaryngology; Proctology; Urology; Physicians with
								limited major surgery
11.1%
6A
6A
Neonatology
11.1%
6B
6B
Anesthesiology
-3.1%
8
8
Neurology
11.1%
8A
8A
Physicians, minor surgery or assisting in major
								surgery
11.1%
8B
8B
Radiology
25.0%
9
9
Internal medicine, no surgery
11.1%
9C
9C
Family and general practice (excluding Ophthalmology,
								no surgery)
11.1%
9D
9D
Pediatrics
25.0%
9E
9E
Allergy; Dermatology; General Practice; and Public
								Health, no surgery
11.1%
9C
9E
Ophthalmology, no surgery
-18.7%*
10
10
Administrative Medicine; and Physical Medicine and
								rehabilitation
11.1%
* The above schedule includes
					 the following new or revised classifications:
* A new Class 1A, consisting of
					 Neurosurgery, previously in Class 1; rates for new Class 1A are 16.1% higher
					 than old Class 1.
* A revised Class 9E adding
					 Ophthalmology (no surgery), previously in Class 9C; the overall rate decrease
					 for this specialty resulted from the movement of the specialty from a higher
					 rated class to a lower rated class coupled with an increase in the class
					 relativity for Class 9E.
In addition, the following specialties, which were
					 previously not written by the company, are being added:
Full-time surgical assistant
Class 5A
Physical Medicine and Rehabilitation with invasive
								procedures
Class 8A
Neurology excluding invasive procedures
Class 9