2013 New York Consolidated Laws
PBH - Public Health
Article 29-D - HEALTH INFORMATION AND QUALITY IMPROVEMENT
Title 4 - (2999-G - 2999-J) NEW YORK STATE MEDICAL INDEMNITY FUND
2999-H - Definitions.

 
    §  2999-h.  Definitions.  As used in this title, unless the context or
  subject matter requires otherwise:
    1. "Birth-related neurological injury" means an injury to the brain or
  spinal cord of a live infant caused by  the  deprivation  of  oxygen  or
  mechanical  injury  occurring  in  the  course  of  labor,  delivery  or
  resuscitation or by other medical  services  provided  or  not  provided
  during  delivery admission that rendered the infant with a permanent and
  substantial motor impairment or with a developmental disability as  that
  term is defined by section 1.03 of the mental hygiene law, or both. This
  definition shall apply to live births only.
    2. "Fund" means the New York state medical indemnity fund.
    3.  "Qualifying health care costs" means the future medical, hospital,
  surgical, nursing, dental, rehabilitation,  custodial,  durable  medical
  equipment,    home    modifications,   assistive   technology,   vehicle
  modifications, prescription and non-prescription medications, and  other
  health  care  costs  actually  incurred  for  services  rendered  to and
  supplies utilized by qualified plaintiffs, which are necessary  to  meet
  their  health  care  needs  as  determined by their treating physicians,
  physician assistants, or nurse practitioners and as otherwise defined by
  the commissioner in regulation.
    4. "Qualified plaintiff" means every plaintiff or claimant who (i) has
  been found by  a  jury  or  court  to  have  sustained  a  birth-related
  neurological  injury  as  the result of medical malpractice, or (ii) has
  sustained a birth-related neurological injury as the result  of  alleged
  medical  malpractice,  and  has  settled  his  or  her  lawsuit or claim
  therefor.
    5. Any reference to the "department of  financial  services"  and  the
  "superintendent  of  financial services" in this title shall mean, prior
  to October third, two thousand eleven, respectively, the "department  of
  insurance" and "superintendent of insurance."