N.Y. Comp. Codes R. & Regs. tit. 10 § 91.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 91.1 - Required excess malpractice coverage

(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.

(2) Every plan pursuant to subparagraph (1)(i) of this subdivision for such equivalent excess coverage shall provide for payment only after coverage available through the voluntary attending physician (channeling) program has been exhausted during such policy period.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 91.1