§ 5505. Rates. (a) The rates, rating plans, rating rules, rating
classifications, territories and statistics applicable to the insurance
written by the association shall be subject to article twenty-three of
this chapter, giving due consideration to the past and prospective loss
and expense experience for medical malpractice insurance written and to
be written in this state, trends in the frequency and severity of
losses, the investment income of the association, and such other
information as the superintendent may require.

(b) All rates shall be on an actuarially sound basis, be calculated to
be self-supporting, be based upon reasonable standards, and may give
consideration to such factors as the experience of the insured,
geographical area and specialties of practice. The superintendent shall
take all appropriate steps to make available to the association the loss
and expense experience of insurers previously writing medical
malpractice insurance in this state. The premiums shall be fixed at the
lowest possible rates consistent with the maintenance of solvency of the
association and of reasonable reserves and surplus therefor.

(c) The association's rates, rating plans, rating rules and rating
classifications may provide for premium discounts for physicians,
dentists, certified nurse-midwives, certified registered nurse
anesthetists or podiatrists commencing practice or conducting a limited
practice as set forth in the plan of operation.

(d) In filing rates, the association may include in its experience the
annuity payments received, the then present value of annuity payments to
which it is entitled, and lump sum payments made by the association in
accordance with subdivision (b) of section five thousand thirty-six of
the civil practice law and rules.