§ 5501 — Definitions

New York § 5501

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 55: Medical Malpractice Insurance Association

Text

§ 5501. Definitions. In this article:\n (a) "Association" means the medical malpractice insurance association.\n (b) "Medical malpractice insurance" means insurance against legal\nliability of the insured, and against loss, damage, or expense incident\nto a claim of such liability arising out of the death or injury of any\nperson due to medical, dental, podiatric, certified nurse-midwifery or\nhospital malpractice by any licensed physician, dentist, podiatrist,\ncertified nurse-midwife, certified registered nurse anesthetist or\nhospital.\n (c) "Hospital" means:\n (1) Any facility defined as a hospital under section twenty-eight\nhundred one of the public health law and issued an operating certificate\nas a hospital or nursing home, and those distinct parts of a facility\nwhich are subject to the powers of visitation, examination, inspection\nand investigation of the department of mental hygiene which provide\nhospital or nursing home service.\n (2) Any ambulance service which is registered or certified under\narticle thirty of the public health law and which is designed and\nequipped to provide definitive acute medical care pursuant to rules and\nregulations of the commissioner of health in accordance with such\narticle concerning the requirements for an advanced life support system.\nSuch a service must include, but not be limited to, the provision of\nadvanced life support services.\n (3) Any community mental health center operated by a county, city,\ntown or village, holding an operating certificate issued by an office of\nthe department of mental hygiene.\n (4) Any certified public or voluntary non-profit home care service\nagency which possesses a valid certificate of approval issued under\narticle twenty-eight or thirty-six of the public health law.\n (d) "Net direct premiums" means gross direct premiums written on\npersonal injury liability insurance, including the liability component\nof multiple peril package policies as computed by the superintendent,\nless return premiums for the unused or unabsorbed portions of premium\ndeposits.\n (e) "Personal injury liability insurance" means all forms of insurance\nwritten under paragraph thirteen of subsection (a) of section one\nthousand one hundred thirteen of this chapter, including the liability\ncomponent of multiple peril package policies.\n