2021 New York Laws
ISC - Insurance
Article 55 - Medical Malpractice Insurance Association
5505 - Rates.

§  5505.  Rates.  (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.