1. The Laws of New York
  2. Consolidated Laws
  3. Insurance
  4. Article 55: Medical Malpractice Insurance Association


Section 5501 Definitions

Insurance (ISC)

In this article:

  (a) "Association" means the medical malpractice insurance association.

  (b) "Medical malpractice insurance" means insurance against legal liability of the insured, and against loss, damage, or expense incident to a claim of such liability arising out of the death or injury of any person due to medical, dental, podiatric, certified nurse-midwifery or hospital malpractice by any licensed physician, dentist, podiatrist, certified nurse-midwife, certified registered nurse anesthetist or hospital.

  (c) "Hospital" means:

  (1) Any facility defined as a hospital under section twenty-eight hundred one of the public health law and issued an operating certificate as a hospital or nursing home, and those distinct parts of a facility which are subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene which provide hospital or nursing home service.

  (2) Any ambulance service which is registered or certified under article thirty of the public health law and which is designed and equipped to provide definitive acute medical care pursuant to rules and regulations of the commissioner of health in accordance with such article concerning the requirements for an advanced life support system. Such a service must include, but not be limited to, the provision of advanced life support services.

  (3) Any community mental health center operated by a county, city, town or village, holding an operating certificate issued by an office of the department of mental hygiene.

  (4) Any certified public or voluntary non-profit home care service agency which possesses a valid certificate of approval issued under article twenty-eight or thirty-six of the public health law.

  (d) "Net direct premiums" means gross direct premiums written on personal injury liability insurance, including the liability component of multiple peril package policies as computed by the superintendent, less return premiums for the unused or unabsorbed portions of premium deposits.

  (e) "Personal injury liability insurance" means all forms of insurance written under paragraph thirteen of subsection (a) of section one thousand one hundred thirteen of this chapter, including the liability component of multiple peril package policies.