N.Y. Comp. Codes R. & Regs. tit. 11 § 152.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 152.4 - Alternative plans

A plan may be submitted for the superintendent's approval which varies in one or more aspects from the rules established in this Part. Any merit rating plan must consider the criteria established in section 2343(d) of the Insurance Law. The plan must be intended to be revenue-neutral and must:

(a) reflect an individual physician's or surgeon's experience with respect to incidents or occurrences of alleged medical malpractice;

(b) be reasonable and not unfairly discriminatory, inequitable, violative of public policy or otherwise contrary to the best interests of the people of this State;

(c) consider the following hazards:

(1) hazards of the insured;

(2) geographical area;

(3) specialties of practice; and

(4) loss and expense experience, trends in frequency, and severity of losses; and

(d) clearly state rules for recognizing the experience of individual risks.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 152.4