Current through 2020 NY Law Chapters 1-56 and 58-88
(a) The rates, rating plans, rating rules, rating classifications, territories and statistics applicable to the insurance written by the association shall be subject to article twenty-three of this chapter, giving due consideration to the past and prospective loss and expense experience for medical malpractice insurance written and to be written in this state, trends in the frequency and severity of losses, the investment income of the association, and such other information as the superintendent may require. (b) All rates shall be on an actuarially sound basis, be calculated to be self-supporting, be based upon reasonable standards, and may give consideration to such factors as the experience of the insured, geographical area and specialties of practice. The superintendent shall take all appropriate steps to make available to the association the loss and expense experience of insurers previously writing medical malpractice insurance in this state. The premiums shall be fixed at the lowest possible rates consistent with the maintenance of solvency of the association and of reasonable reserves and surplus therefor. (c) The association's rates, rating plans, rating rules and rating classifications may provide for premium discounts for physicians, dentists, certified nurse-midwives, certified registered nurse anesthetists or podiatrists commencing practice or conducting a limited practice as set forth in the plan of operation. (d) In filing rates, the association may include in its experience the annuity payments received, the then present value of annuity payments to which it is entitled, and lump sum payments made by the association in accordance with subdivision (b) of section five thousand thirty-six of the civil practice law and rules.