§ 2343. Medical malpractice insurance rates; special additional provisions regarding such rates
(a) Whereas the provisions of a chapter of the laws of nineteen hundred eighty-five regarding
medical and dental malpractice will have both a prospective and retrospective effect upon the loss
experience of physicians, dentists and hospitals professional liability insurers, including the medical
malpractice insurance association, the superintendent is directed forthwith to review rates previously in
effect for the period commencing July first, nineteen hundred eighty-four and ending June thirtieth,
nineteen hundred eighty-five, and, where appropriate, require modification of such rates for such period.
(b) Any such modified rate shall remain in effect as a provisional rate for the period commencing
July first, nineteen hundred eighty-five and ending on November thirtieth, nineteen hundred eighty-five.
The superintendent, subsequent to December first, nineteen hundred eighty-five, shall approve final rates
for the period commencing July first, nineteen hundred eighty-five and ending June thirtieth, nineteen
hundred eighty-six. No insurer shall have the duty to file for final rates for the period commencing July
first, nineteen hundred eighty-five prior to December first, nineteen hundred eighty-five.
(c) Notwithstanding any other provision of this chapter, no application 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 June thirtieth, two thousand one.
(d) The superintendent shall promulgate a regulation, which may be amended from time to time,
establishing a physicians professional liability insurance merit rating plan applicable to medical