S T A T E O F N E W Y O R K
________________________________________________________________________
8997
I N S E N A T E
June 12, 2018
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law, in relation to exemptions for medical
malpractice insurance rates for academic and research facilities of
the state university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1325 of the insurance law, as added by section 1 of
part X of chapter 57 of the laws of 2015, is amended to read as follows:
§ 1325. Exemption. For the purposes of exempting certain insurance
companies from the provisions of section one thousand three hundred
twenty-four of this article, the superintendent shall exempt, through
December thirty-first, two thousand nineteen, those stock and non-stock
insurance companies to which subparagraph (B) of paragraph two of
subsection (b) of such section applies. PROVIDED, HOWEVER, FOR PURPOSES
OF EXEMPTING CERTAIN INSURANCE COMPANIES FROM THE PROVISIONS OF SECTION
ONE THOUSAND THREE HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL EXEMPT, THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
ONE, THOSE NON-STOCK INSURANCE COMPANIES WHICH PRIMARILY PROVIDE COVER-
AGE TO PERSONS PROVIDING MEDICAL CARE, TEACHING OR ENGAGING IN RESEARCH
AT THE STATE UNIVERSITY OF NEW YORK TO WHICH SUBPARAGRAPH (B) OF PARA-
GRAPH TWO OF SUBSECTION (B) OF SUCH SECTION APPLIES.
§ 2. Subsection (c) of section 2343 of the insurance law, as amended
by section 2 of part X of chapter 57 of the laws of 2015, is amended to
read as follows:
(c) Notwithstanding any other provision of this chapter, no applica-
tion for an order of rehabilitation or liquidation of a domestic insurer
whose primary liability arises from the business of medical malpractice
insurance, as that term is defined in subsection (b) of section five
thousand five hundred one of this chapter, shall be made on the grounds
specified in subsection (a) or (c) of section seven thousand four
hundred two of this chapter at any time prior to December thirty-first,
two thousand nineteen. IN ADDITION, NO APPLICATION FOR AN ORDER OF REHA-
BILITATION OR LIQUIDATION OF A DOMESTIC INSURER WHOSE PRIMARY LIABILITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16211-01-8
S. 8997 2
ARISES FROM THE BUSINESS OF MEDICAL MALPRACTICE INSURANCE WHICH PRIMARI-
LY PROVIDE COVERAGE TO PERSONS PROVIDING MEDICAL CARE, TEACHING OR
ENGAGING IN RESEARCH AT THE STATE UNIVERSITY OF NEW YORK, AS THAT TERM
IS DEFINED IN SUBSECTION (B) OF SECTION FIVE THOUSAND FIVE HUNDRED ONE
OF THIS CHAPTER, SHALL BE MADE ON THE GROUNDS SPECIFIED IN SUBSECTION
(A) OR (C) OF SECTION SEVEN THOUSAND FOUR HUNDRED TWO OF THIS CHAPTER AT
ANY TIME PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
§ 3. This act shall take effect immediately.