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. 12, March 20, 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:
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.
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.
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.
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.
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.
(d) Rates for policies providing excess coverage issued or renewed during the period July 1, 1994 through June 30, 1995 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.
(g) Excess coverage-types of policies.
(h) Required filings.
Footnotes
* 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.