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 70.16 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1994; 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, 1994 through June
				  30, 1995, if required to satisfy any deficiency for the policy periods July 1,
				  1985 through June 30, 1993.
(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, 1993.
(c) Rates and
				  surcharges for occurrence policies providing primary coverage, up to $1
				  million/$3 million, issued or renewed during the period July 1, 1994 through
				  June 30, 1995, shall be as follows:
(1) For
				  Academic Health Professionals Insurance Association, the rate adjustments shall
				  be as indicated in paragraph (8) of this subdivision, which also reflects
				  territorial and specialty modifications approved by the superintendent in
				  accordance with section 2307 (a)  of the Insurance Law. 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, which also reflects territorial and
				  specialty modifications approved by the superintendent in accordance with
				  section 2307 (a)  of the Insurance Law. No surcharge shall be collected for this
				  insurer.
(3) For Group Council
				  Mutual Insurance Company, rates shall be eight percent greater than those
				  established pursuant to section
				  70.15(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, which also reflects territorial and
				  specialty modifications approved by the superintendent in accordance with
				  section 2307 (a)  of the Insurance Law. No surcharge shall be collected for this
				  insurer.
(5) For the Medical
				  Malpractice Insurance Association, the rate adjustments shall be as indicated
				  in paragraph (11) of this subdivision, which also reflects territorial and
				  specialty modifications approved by the superintendent in accordance with
				  section 2307 (a)  of the Insurance Law. No surcharge shall be collected for this
				  insurer.
(6) For Physicians
				  Reciprocal Insurers, the rate adjustments shall be as indicated in paragraph
				  (12) of this subdivision, which also reflects territorial and specialty
				  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, 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 and
				  territory changes for Academic Health Professionals Insurance Association:
Old
								  Class
New
								  Class
*
Territories
**
(01)
(02)
(03)
(04)
(05)
(00)
1
1
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
2
2
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
3
3
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
4
4
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
5
5
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
6
7
1.1%
1.1%
1.1%
1.1%
1.1%
1.1%
7
6
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
8
8
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
9
9
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
10
10
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
11
11
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
12
11A
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
12
12
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
13
13
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
14
14
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
15
14A
10.6%
10.6%
10.6%
10.6%
10.6%
10.6%
15
15
5.3%
5.3%
5.3%
5.3%
5.3%
5.3%
* The above schedule includes
					 the following new classifications: A new Class 11A, consisting of the
					 Diagnostic Radiology Only, Diagnostic Radiology and Radiotherapy, and
					 Computerized Tomography specialties previously in Class 12. Rates for new Class
					 11A are 5% higher than rates for Class 12. A new Class 14A, consisting of the
					 Pathology and/or Hematology specialties previously in Class 15. Rates for new
					 Class 14A are 5% higher than rates for Class 15.
Note:
As a
					 result of the rate change, old Class 6 is now Class 7 and old Class 7 is now
					 Class 6.
** 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 00: Remainder of the State
Note:
Ulster County, previously in Territory 01, has been
					 moved to Territory 04.
(9)
				  Rate and territory changes for the Frontier Insurance Company:
Old
								  Class
New
								  Class
*
Territories
**
(01)
(02)
(03)
(04)
(05)
(00)
1
1
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
2
2
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
3
3
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
4
4
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
5
5
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
6
7
3.7%
3.7%
3.7%
3.7%
3.7%
3.7%
7
6
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
8
8
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
9
9
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
10
10
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
11
11
8.0%
8.0%
8.0%
8.0%
8.0%
12
11A
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
12
12
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
13
13
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
14
14
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
15
14A
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
15
15
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
18
18
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
* The above schedule includes
					 the following new classifications: A new Class 11A, consisting of the
					 Diagnostic Radiology Only, Diagnostic Radiology and Radiotherapy, and
					 Computerized Tomography specialties previously in Class 12. Rates for new Class
					 11A are 5% higher than rates for Class 12. A new Class 14A, consisting of the
					 Pathology and/or Hematology specialties previously in Class 15. Rates for new
					 Class 14A are 5% higher than rates for Class 15.
Note:
As a
					 result of the rate change, old Class 6 is now Class 7 and old Class 7 is now
					 Class 6.
** 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 00: Remainder of the State
Note:
Ulster County, previously in Territory 01, has been
					 moved to Territory 04.
(10)
				  Rate and territory changes for the Medical Liability Mutual Insurance Company:
Old
								  Class
New
								  Class
*
Territories
**
(01)
(02)
(03)
(04)
(05)
(00)
1
1
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
2
2
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
3
3
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
4
4
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
5
5
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
6
7
3.7%
3.7%
3.7%
3.7%
3.7%
3.7%
7
6
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
8
8
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
9
9
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
10
10
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
11
11
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
12
11A
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
12
12
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
13
13
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
14
14
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
15
14A
13.4%
13.4%
13.4%
13.4%
13.4%
13.4%
15
15
8.0%
8.0%
8.0%
8.0%
8.0%
8.0%
* The above schedule includes
					 the following new classifications: A new Class 11A, consisting of the
					 Diagnostic Radiology Only, Diagnostic Radiology and Radiotherapy, and
					 Computerized Tomography specialties previously in Class 12. Rates for new Class
					 11A are 5% higher than rates for Class 12. A new Class 14A, consisting of the
					 Pathology and/or Hematology specialties previously in Class 15. Rates for new
					 Class 14A are 5% higher than rates for Class 15.
Note:
As a
					 result of the rate change, old Class 6 is now Class 7 and old Class 7 is now
					 Class 6.
**  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 00: Remainder of the State
Note:
Ulster County, previously in Territory 01, has been
					 moved to Territory 04.
(11)
				  Rate and territory changes for the Medical Malpractice Insurance Association:
Old
								  Class
New
								  Class
*
Territories
**
(01)
(02)
(03)
(04)
(05)
(00)
1
1
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
2
2
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
3
3
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
4
4
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
5
5
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
6
7
3.0%
3.0%
3.0%
3.0%
3.0%
3.0%
7
6
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
8
8
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
9
9
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
10
10
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
11
11
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
12
11A
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
12
12
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
13
13
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
14
14
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
15
14A
12.7%
12.7%
12.7%
12.7%
12.7%
12.7%
15
15
7.3%
7.3%
7.3%
7.3%
7.3%
7.3%
* The above schedule includes
					 the following new classifications: A new Class 11A, consisting of the
					 Diagnostic Radiology Only, Diagnostic Radiology and Radiotherapy, and
					 Computerized Tomography specialties previously in Class 12. Rates for new Class
					 11A are 5% higher than rates for Class 12. A new Class 14A, consisting of the
					 Pathology and/or Hematology specialties previously in Class 15. Rates for new
					 Class 14A are 5% higher than rates for Class 15.
Note:
As a
					 result of the rate change, old Class 6 is now Class 7 and old Class 7 is now
					 Class 6.
** 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 00: Remainder of the State
Note:
Ulster County, previously in Territory 01, has been
					 moved to Territory 04.
(12)
				  Rate and territory changes for Physicians Reciprocal Insurers:
Class
*
Territories
**
(01)
(02)
(03)
(04)
(05)
(00)
1
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
2
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
3
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
4
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
5
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
5A
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
6A
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
6B
-7.7%
-4.5%
-2.7%
-4.5%
-4.5%
-4.5%
8
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
8A
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
8B
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
9
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
9C
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
9D
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
9E
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
10
5.0%
8.2%
10.0%
8.2%
8.2%
6.2%
* The above schedule includes
					 the following specialty changes: The Office Ophthamology (No Surgery)
					 specialty, previously contained in Class 9 has been moved to Class 9C. A new
					 Office Ophthamology (Minor Surgery) specialty has been added to Class 9. A new
					 Office Otorhinolaryngology (No Surgery) speciality has been added to Class
					 8A.
** 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 00: Remainder of the State
Note:
Ulster County, previously in Territory 01, has been
					 moved to Territory 04.