2013 New York Consolidated Laws
ISC - Insurance
Article 3 - (301 - 341) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
315 - Professional malpractice or misconduct; reporting requirements.

 
    § 315. Professional malpractice or misconduct; reporting requirements.
  (a)  Every  organization  or  person  authorized  to  issue professional
  liability insurance policies in this state shall report any disposition,
  whether by  judgment  or  settlement,  of  any  claim  made  against  an
  individual  licensed  pursuant  to  the provisions of title eight of the
  education law where the claim was  based  upon  fraud,  incompetence  or
  negligence  except  that  reports for physicians, physician's assistants
  and specialist's assistants shall be reported pursuant to the provisions
  of subsection (b) hereof.
    (b) (1) Each insurance company engaged in issuing professional medical
  malpractice insurance in this state the  medical  malpractice  insurance
  association shall file with the superintendent and with the commissioner
  of  health  quarterly reports on all claims for medical malpractice made
  against any of its insureds and received  by  it  during  the  preceding
  three month period, a report of any surcharge or merit-rating adjustment
  made  on  an  insured's  premium  and  the  reason  for the surcharge or
  merit-rating adjustment and a  report  of  any  cancellation,  including
  voluntary   cancellation   by   the  insured  and  the  reason  for  the
  cancellation, of its insureds professional medical  liability  insurance
  for  reasons  other  than  non-payment  of premiums during the preceding
  three month period.
    (2) Each hospital, as defined in article twenty-eight  of  the  public
  health law, which, and each health care practitioner licensed, certified
  or registered pursuant to the provisions of title eight of the education
  law  who,  is  self-insured  for  professional medical malpractice or is
  insured for professional medical malpractice with an  insurance  company
  not  licensed  to  do  business  in this state shall also file quarterly
  reports with the superintendent and the commissioner of  health  on  all
  claims  for  medical malpractice made against him, her, or it during the
  preceding three month period. For purposes of this section,  a  hospital
  which,  or  individual  who,  is  self-insured  for professional medical
  malpractice shall mean a hospital  which,  or  individual  who,  is  not
  insured  for  professional  medical malpractice with either an insurance
  company engaged in issuing professional medical malpractice insurance in
  this state or  the  medical  malpractice  insurance  association  or  an
  insurance company not licensed to do business in this state.
    (c)  Reports  required  by  this  section  shall contain the following
  information:
    (1) the name and address of the  professional  licensee  against  whom
  such  claim  is  made,  including  the name and address of the hospital,
  other person or institution if the report is made pursuant to subsection
  (b) hereof;
    (2) the name, address and age of the claimant or plaintiff;
    (3) the nature and substance of the claim;
    (4) the date and place in which the claim arose;
    (5) within three months after final  disposition  of  the  claim,  the
  amounts  paid,  if  any,  and  the  date  and  manner of disposition (by
  judgment, settlement or otherwise);
    (6)  the  reasons  for  the  cancellation  of  professional  liability
  insurance for reasons other than non-payment of premiums; and
    (7)   such   additional  information  as  the  superintendent  or  the
  commissioner  of  education  shall  require  for  reports  required   by
  subsection  (a)  hereof  and  as  the superintendent and commissioner of
  health shall require for reports required by subsection (b) hereof.
    (d)(1) Reports required by subsection (a) hereof shall be  in  writing
  on a form prescribed by the superintendent and commissioner of education
  and  shall be submitted to the department of education within sixty days
  of the date of any settlement or judgment.

    (2) Reports required by subsection (b) hereof shall be in writing on a
  form prescribed by the superintendent and  commissioner  of  health  and
  shall  be  submitted  to  them  not less than quarterly on dates jointly
  determined by them and shall contain  information  received  during  the
  preceding  three  month  period  concerning  claims received, additional
  required data not previously reported and disposition of claims.
    (e) Written reports  and  other  documentation  compiled  pursuant  to
  subsection   (a)   hereof   shall  be  admissible  in  evidence  in  any
  administrative or judicial action or proceeding.
    (f) Any report or information furnished or compiled pursuant  to  this
  section  shall  be  deemed  to  be a confidential communication. Reports
  required by subsection (a) hereof shall not be subject to inspection  or
  disclosure  in  any  manner  except  upon  written  request  by  a  duly
  authorized public agency or pursuant to a judicial subpoena issued in  a
  pending  action or proceeding. Reports required by subsection (b) hereof
  shall not be open for review or be  subject  to  subpoena  except  by  a
  public agency or authority of this state.
    (g)  Malpractice  insurance  compliance  reporting  requirements.  The
  failure to make any report required by this section shall  constitute  a
  misdemeanor.  The  department of health shall oversee the enforcement of
  this subdivision, and on or before June thirtieth of each calendar  year
  provide  a report to the governor and the legislature regarding industry
  compliance.  Such  report  shall  include  a  recommendation  from   the
  department   regarding   changes   in   the   applicable  penalties  for
  noncompliance, which are  necessary  to  ensure  the  integrity  of  the
  reporting  system.  The  department shall further study the necessity of
  assessing penalties for false reporting  by  physicians,  hospitals,  or
  health  care  plans  for  purposes  of collecting and disseminating data
  required to be disclosed pursuant to title one of article  twenty-nine-d
  of the public health law.