Sec. 430.2. Organization of the New York Medical Malpractice Insurance Plan  


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  • (a) Except as provided in section 430.7 of this Part, there shall be created the New York Medical Malpractice Insurance Plan (plan), a mechanism for providing medical malpractice insurance to all eligible health care providers who are unable to secure coverage in the voluntary market after June 30, 2000.
    (b) All insurers licensed in New York writing, or that begin writing, medical malpractice insurance in New York on a direct basis after June 30, 2000, shall be members of the plan.
    (c) The plan shall:
    (1) accept applications from eligible health care providers and assign applicants to members as determined in its plan of operations; and
    (2) develop, and submit to the superintendent for approval:
    (i) policy forms and endorsements, on both an occurrence and claims-made basis; and
    (ii) a manual or manuals containing:
    (a) classifications, territories, rates and rating plans;
    (b) limits and deductibles to be offered to insureds; and
    (c) underwriting rules and procedures.