N.Y. Comp. Codes R. & Regs. tit. 11 § 152.11

Current through Register Vol. 46, No. 36, September 4, 2024

Section 152.11 - Implementation of excess medical malpractice risk management programs

(a) An insurer that writes medical malpractice insurance for physicians must submit a proposed Excess Medical Malpractice Risk Management Program to the superintendent and obtain approval prior to the participation of any insured in the program.

(b) The risk management program must specify:

(1) the length of the basic and follow-up courses;

(2) the specific basic and follow-up courses;

(3) the qualifications required for developers of the internet-based program and instructors in each subject area;

(4) the methodology for monitoring attendance during the lecture course format and for assuring that the eligible insured physician is the person who has taken and completed the internet-based course;

(5) a description of the required project;

(6) the methodology for verifying satisfactory completion of all components of the program prior to the certifying of an insured physician to be eligible to participate in the Excess Medical Malpractice Insurance Program;

(7) the identity of the entity, if any, designated by the insurer to administer the risk management program on its behalf, the qualifications of that entity, and the steps the insurer will take to monitor the program;

(8) the methodology for informing insureds of the availability of the risk management course and the dates, locations, and if applicable, the internet address of each risk management course offered by the insurer;

(9) for internet-based components, a description of the type of interaction required of the insured physician, and the basis for the insurer's determination that the component is equivalent to the time and content of the lecture component; and

(10) evidence from an entity accredited to grant continuing medical education credit that the basic course qualifies for Category 1 continuing medical education credit.

(c) An insurer shall:

(1) review at least annually, and update as necessary, its Excess Medical Malpractice Risk Management Program;

(2) submit all changes to the superintendent for prior approval; and

(3) notify all insureds of the dates, locations, and if applicable, the internet address of each risk management program offered by the insurer.

(d) Any insured physician participating in a risk management program for the purpose of eligibility for the Excess Medical Malpractice Insurance Program in this State shall not be charged a fee or other assessment in connection with this program.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 152.11