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 70.11 - Physicians and surgeons medical malpractice policy provisions for the period commencing July 1, 1990; established rates
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Section 19 of chapter 184 of the Laws of 1988 requires the superintendent to establish rates for physicians and surgeons medical malpractice policies for the policy period July 1, 1990 through June 30, 1991. Section 40 of chapter 266 of the Laws of 1986, as amended by chapters 184 and 186 of the Laws of 1988, requires the superintendent to establish a surcharge, of up to eight percent, on the established rates for such medical malpractice policies for the policy period July 1, 1990 through June 30, 1991, if required to satisfy any deficiency for the policy periods July 1, 1985 through June 30, 1989.
(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 1 of chapter 184 of the Laws of 1988, 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, 1989.
(c) Rates and surcharges for occurrence policies providing primary coverage, up to $1 million/$3 million, issued or renewed during the period July 1, 1990 through June 30, 1991, shall be as follows:
(d) Rates for policies providing excess coverage issued or renewed during the period July 1, 1990 through June 30, 1991 shall be as follows, and no surcharges shall be collected on these policies:
(e) Claims-made primary and excess coverage rates.
Year in claims-made program |
Claims-made factor |
First: |
31% |
Second: |
64 |
Third: |
85 |
Fourth: |
94 |
Fifth: |
99 |
Sixth: |
102 |
Seventh: |
104 |
Eighth and later: |
105 |
Number of years completed in claims-made program |
Tail factor |
One: |
74.8% |
Two: |
122.1 |
Three: |
146.4 |
Four: |
162.4 |
Five: |
173.3 |
Six: |
181.0 |
Seven: |
186.7 |
Eight or more: |
190.6 |
(f) Rates for claims-made policies where the physician, while receiving coverage under a claims-made policy, changes classification or territory.
Last completed claims-made step prior to change |
Change in risk factor |
One: |
.65 |
Two: |
.58 |
Three: |
.49 |
Four: |
.41 |
Five: |
.32 |
Six: |
.24 |
Seven: |
.16 |
Eight: |
.08 |
Nine or more: |
.00 |
(g) Excess coverage-types of policies; required tail.
(h) Rates for claims-made and tail excess coverage policies purchased by hospitals.
The aggregate rate for a claims-made excess policy and its simultaneously issued tail, purchased by a general hospital on behalf of physicians, shall equal the corresponding occurrence excess coverage rate.
(i) Required filings.
(j) Classification and rate modifications.
OLD CLASS |
NEW CLASS |
TERR 00 Remainder of State |
TERR 01 NY, OR, UL, West. |
TERR 02 Brx, Kings, Queens, Rich, Rock, Sull. |
TERR 03 Nassau & Suffolk |
TERR 04 Putnam, Dutch, Columb. & Greene |
|
1 |
1 |
Neurosurgeons |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
|
2 |
3 |
Ortho. Surgery |
-13.4% |
-9.8% |
-9.8% |
-9.8% |
-9.8% |
3 |
2 |
Obstet/Gynec. |
-4.2% |
-0.3% |
-0.3% |
-0.3% |
-0.3% |
4 |
4 |
Gynecology |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
4 |
4 |
Otolar Inc CPS |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
4 |
4 |
Plastic Surgery |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
4 |
4 |
Vascular Surgery |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
5 |
5 |
General Surgery |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
6 |
6 |
Anesthesiology |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
6 |
6 |
Otular Exc CPS |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
7 |
7 |
GP & Ltd Maj Surg Anes |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
7 |
7 |
Proctology |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
7 |
7 |
Urology |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
8 |
8 |
GP & Ltd Maj Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
9 |
9 |
Neur/Psych Inc |
-4.2% |
-0.3% |
-0.3% |
-0.3% |
-0.3% |
10 |
10 |
GP & Min Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
10 |
10 |
Ind Med Minor Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
10 |
10 |
Ent Minor Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
11 |
11 |
Int Med Inc CC |
-4.2% |
-0.3% |
-0.3% |
-0.3% |
-0.3% |
11 |
11 |
Ophthalmology |
-4.2% |
-0.3% |
-0.3% |
-0.3% |
-0.3% |
12 |
12 |
Comp Tomog |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Derm Incl Dermab |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Int Med Exc CC |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Pediatrics |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Urology Min Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Diagnostic Radiology |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Radiotherapy |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
12 |
12 |
Diag Radiol & Radioth |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
13 |
13 |
GP Exc Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
13 |
13 |
Emergency Roon Med |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
13 |
13 |
Ind Med Exc Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
13 |
13 |
Opthal Inc Ltd Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Derm Exc Dermab |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Allergy |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Opthal Exc Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Path/Hem |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Phys Med Rehab |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
15 |
Psyc Exc Surg |
-8.8% |
-5.0% |
-5.0% |
-5.0% |
-5.0% |
14 |
14 |
Neur Exc Surg |
-4.2% |
-0.3% |
-0.3% |
-0.3% |
-0.3% |