NY State Senate Bill 2017-S8499

Senate Bill S8499

Signed By Governor

2017-2018 Legislative Session

Relates to excess medical malpractice insurance and extending the effectiveness thereof

download bill text pdf

Archive: Last Bill Status Via A10613 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2018	signed chap.99
Jun 28, 2018	delivered to governor
Jun 13, 2018	returned to assembly passed senate 3rd reading cal.1390 substituted for s8499
Jun 13, 2018	substituted by a10613
Jun 04, 2018	advanced to third reading
May 31, 2018	2nd report cal.
May 30, 2018	1st report cal.1390
May 09, 2018	referred to insurance

Votes

- Jun 13, 2018 - Floor Vote
  A10613
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  May 30, 2018 - Insurance Committee Vote
  S8499
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: May 30, 2018
      
      aye (19)
      
      Akshar
      
      Benjamin
      
      Breslin
      
      Brooks
      
      Golden
      
      Hamilton
      
      Jacobs
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Parker
      
      Rivera
      
      Savino
      
      Serino
      
      Seward

2017-S8499 (ACTIVE) - Details

See Assembly Version of this Bill:: A10613
Law Section:: Insurance
Laws Affected:: Amd §2, Chap 673 of 2005

2017-S8499 (ACTIVE) - Summary

Relates to excess medical malpractice insurance and extending the effectiveness thereof.

2017-S8499 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8499

SPONSOR: SEWARD
 
TITLE OF BILL:

An act to amend chapter 673 of the laws of 2005, amending the insurance
law relating to excess medical malpractice insurance, in relation to the
effectiveness of the provisions of such chapter

 
PURPOSE:

This bill would extend until July 1, 2023 the statutory clarification
that the Medical Malpractice Insurance Pool (MMIP) is not required to
offer a second layer of excess medical malpractice insurance coverage.

 
SUMMARY OF PROVISIONS:

Section 1 would extend from July 1, 2018 to July 1, 2023 the statutory
clarification that the Medical Malpractice Insurance Pool (MMIP) is not
required to offer a second layer of excess medical malpractice insurance
coverage.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In 1999, legislation was passed to dissolve the Medical Malpractice
Insurance Association ("MMIA"), the market of last resort for medical
malpractice insurance (Chapter 407 of the laws of 1999). Upon MMIA's
dissolution, the MMIP was established as a source of medical malpractice
insurance for health care providers who were unable to procure such
insurance in the voluntary market. Chapter 407 required that upon
initial distribution, i.e., the July 1, 2000 through June 30, 2001 poli-
cy year, MMIA insureds were to receive policies with provisions and at
rates which were at least as favorable to the insureds as what they
would have received upon renewal had MMIA not been dissolved, including
'a second layer of excess coverage.

Currently, no authorized medical malpractice insurer offers a second
excess layer of coverage to its insured physicians, dentists or podia-
trists. It is both unfair and illogical to require MMIP to bear the
financial burden associated with providing a second layer of excess
medical malpractice insurance to such health care providers where indus-
try practice does not make such insurance available.  Without this
extension MMIP will be required to provide a second layer of excess
medical malpractice insurance in the involuntary market despite the fact
that no MMIP member insurer will provide in the voluntary market such
coverage to its own policyholders. This bill will continue to correct
this inequity by clarifying that MMIP is not required to offer a second
layer of excess medical malpractice insurance.

 
LEGISLATIVE HISTORY:

Chapter 80 of the laws of 2013.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8499 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8499
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend chapter 673 of the laws of 2005, amending the  insurance
   law  relating  to excess medical malpractice insurance, in relation to
   the effectiveness of the provisions of such chapter
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2 of chapter 673 of the laws of 2005, amending the
 insurance law relating  to  excess  medical  malpractice  insurance,  as
 amended  by  chapter  80  of  the  laws  of  2013, is amended to read as
 follows:
   § 2. This act shall take effect January 1, 2006 and shall  expire  and
 be deemed repealed July 1, [2018] 2023.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15730-01-8

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