New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter N - Professional Medical And Dental Services › Part 91 - Excess Liability Insurance Pool: Physicians And Dentists › Section 91.1 - Required excess malpractice coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of this Part shall be
				  contingent upon extension of L. 1986, ch. 266, or upon enactment of permanent
				  statutory authority. The provisions of this Part shall apply to excess
				  insurance coverage for medical or dental malpractice occurrences during the
				  period July 1, 1986 through June 30, 1987, and annual periods beginning July
				  1st thereafter. The Superintendent of Insurance and the Commissioner of Health
				  shall create and oversee a hospital excess liability pool, and the
				  superintendent and commissioner, or their designee, shall from funds available
				  in such pool purchase a policy or policies for excess insurance coverage or
				  equivalent excess coverage in a form previously approved by the Superintendent
				  of Insurance for medical or dental malpractice occurrences between July 1, 1986
				  and June 30, 1987, and annual periods beginning July 1st, thereafter, for
				  physicians or dentists certified eligible pursuant to this Part or reimburse
				  the hospital where the hospital purchases equivalent excess coverage for
				  medical or dental malpractice occurrences between July 1, 1987 and June 30,
				  1988, and annual periods beginning July 1st, thereafter, for physicians or
				  dentists certified eligible pursuant to this Part participating in a voluntary
				  attending physician (channeling) program. Such physicians or dentists must have
				  in force an individual policy, from an insurer licensed in the State, of
				  primary malpractice insurance coverage in amounts of no less than $1 million
				  for each claimant and $3 million for all claimants under that policy during the
				  period of such excess coverage for such occurrences or be endorsed as
				  additional insureds under a hospital professional liability policy which is
				  offered through a voluntary attending physician (channeling) program previously
				  permitted by the Superintendent of Insurance during the period of such excess
				  coverage for such occurrences. During this period, the policy for excess
				  coverage shall, when combined with the physician's or dentist's primary
				  malpractice insurance coverage or coverage provided through a voluntary
				  attending physician (channeling) program, total an aggregate level of $2
				  million for each claimant and $6 million for all claimants from all such
				  policies in such years.
(b)
				  Equivalent excess coverage.
(1) Equivalent
				  excess coverage shall mean:
(i) a policy or
				  policies of insurance, approved by the Superintendent of Insurance, or such
				  other form of coverage previously permitted by the Superintendent of Insurance
				  for voluntary attending physician (channeling) programs insuring a physician or
				  dentist against medical or dental malpractice with an aggregate level of
				  coverage providing not less than $2 million for each claimant and $6 million
				  for all claimants during the policy period. Such coverage limits shall be
				  reduced by payments made on behalf of such physician or dentist under a
				  hospital professional liability policy written pursuant to a voluntary
				  attending physician (channeling) program previously permitted by the
				  Superintendent of Insurance, in an amount not to exceed $2 million for each
				  claimant and $6 million for all claimants during such policy period for each
				  such physician or dentist; or
(ii)
				  an individual policy or policies of insurance, approved by the Superintendent
				  of Insurance, or such other form of coverage previously approved by the
				  Superintendent of Insurance for the purposes of providing equivalent excess
				  coverage in accordance with section 19 of Chap. 294 of the Laws of 1985
				  purchased by a hospital insuring a physician or dentist against medical or
				  dental malpractice with an aggregate level of coverage providing not less than
				  $1 million for each claimant and $3 million for all claimants during such
				  policy period. Such coverage shall be in excess of primary malpractice coverage
				  in effect on an individual policy written by an authorized insurer with limits
				  of not less than $1 million for each claimant and $3 million for all claimants
				  during such policy period.