§ 316-B — Professional liability protection for certain persons ordered to active duty in armed forces

New York § 316-B

• Jurisdiction: New York
• Law MIL: Military
• Art. 13: New York State Soldiers' and Sailors' Civil Relief Act

Text

§ 316-b. Professional liability protection for certain persons ordered\nto active duty in armed forces. 1. Definitions. As used in this section:\n (a) The term "active duty in state military service" means full-time\nstatus (other than for training) with a force of the state organized\nmilitia as defined in subdivision one of section two of this chapter.\n (b) The term "active duty in military service of the United States"\nmeans full-time status (other than for training) in the United States\narmed forces as defined in subdivision eight of section one of this\nchapter.\n (c) The term "profession" includes occupation.\n (d) The term "professional" includes occupational.\n 2. Applicability. This section applies to any person who:\n (a) is ordered to active duty (other than for training) in either\nstate military service pursuant to subdivision one of section six of\nthis chapter, or in the military service of the United States pursuant\nto title 10 of the United States Code; and\n (b) immediately before receiving the order to active duty:\n (i) was engaged in the furnishing of health-care services or other\nservices determined by the secretary of state to be professional\nservices; and\n (ii) had in effect a professional liability insurance policy that does\nnot continue to cover claims filed with respect to such person during\nthe period of the person's active duty unless the premiums are paid for\nsuch coverage for such period.\n 3. Suspension of coverage. (a) Coverage of a person referred to in\nsubdivision two of this section by a professional liability insurance\npolicy shall be suspended in accordance with this subdivision if the\ninsured requests such suspension in writing and delivers it to the\ninsurance carrier by certified mail. The request shall be effective upon\nmailing.\n (b) A professional liability insurance carrier:\n (i) shall not require that premiums be paid by or on behalf of a\nperson for any professional liability insurance coverage suspended\npursuant to paragraph (a) of this subdivision; and\n (ii) shall refund any amount paid for coverage for the period of such\nsuspension or, upon the election of such person, apply such amount for\nthe payment of any premium becoming due upon the reinstatement of such\ncoverage.\n (c) A professional liability insurance carrier shall not be liable\nwith respect to any claim that is based on professional conduct\n(including any failure to take any action in a professional capacity) of\na person that occurs during a period of suspension of that person's\nprofessional liability insurance under this subdivision. For the\npurposes of the preceding sentence, a claim based upon the failure of a\nprofessional to make adequate provision for patients to be cared for\nduring the period of the professional's active duty service shall be\nconsidered to be based on an action or failure to take action before the\nbeginning of the period of suspension of professional liability\ninsurance under this section, except in a case in which professional\nservices were provided after the date of the beginning of such period.\n 4. Reinstatement of coverage. (a) Professional liability insurance\ncoverage suspended in the case of any person pursuant to subdivision\nthree of this section shall be reinstated by the insurance carrier on\nthe date on which that person sends by certified mail to the insurance\ncarrier a written request for reinstatement.\n (b) The request of a person for reinstatement shall be effective upon\nmailing only if the person mails the request to the insurance carrier by\ncertified mail within thirty days after the date on which the person is\nreleased from active duty. The insurance carrier shall notify the person\nof the due date for payment of the premium of such insurance. Such\npremium shall be paid by the person within thirty days after the\neffective date of that notice.\n (c) The period for which professional liability insurance coverage\nshall be reinstated for a person under this subdivision shall not be\nless than the balance of the period for which coverage would have\ncontinued under the insurance policy if the coverage had not been\nsuspended.\n 5. Increase in premium. An insurance carrier shall not increase the\namount of the premium charged for professional liability insurance\ncoverage of any person for the minimum period of the reinstatement of\nsuch coverage required under paragraph (c) of subdivision four of this\nsection to an amount greater than the amount chargeable for such\ncoverage for such period before the suspension, except to the extent of\nany general increase in the premium amounts charged by that carrier for\nthe same professional liability coverage for persons similarly covered\nby such insurance during the period of the suspension.\n 6. Continuation of coverage of unaffected persons. This section does\nnot:\n (a) require a suspension of professional liability insurance coverage\nfor any person who is not a person referred to in subdivision two of\nthis section and who is covered by the same professional liability\ninsurance as a person referred to in such subdivision; or\n (b) relieve any person of the obligation to pay premiums for the\ncoverage not required to be suspended.\n 7. Stay of civil or administrative actions. (a) A civil or\nadministrative action for damages on the basis of the alleged\nprofessional negligence or other professional liability of a person\nwhose professional liability insurance coverage has been suspended under\nsubdivision three of this section shall be stayed until the end of the\nperiod of the suspension if:\n (i) the action was commenced during that period;\n (ii) the action is based on an act or omission that occurred before\nthe date on which the suspension became effective; and\n (iii) the suspended professional liability insurance would, except for\nthe suspension, on its face cover the alleged professional negligence or\nother professional liability negligence or other professional liability\nof the person.\n (b) Whenever a civil or administrative action for damages is stayed\npursuant to subparagraph (i) of paragraph (a) of this subdivision in the\ncase of any person, the action shall be deemed to have been filed on the\ndate on which the professional liability insurance coverage of such\nperson is reinstated under subdivision four of this section.\n 8. Effect of suspension upon limitations period. In the case of a\ncivil or administrative action for which a stay could have been granted\nunder subdivision seven of this section by reason of the suspension of\nprofessional liability insurance coverage of the defendant under this\nsubdivision, the period of the suspension of the coverage shall be\nexcluded from the computation of any statutory period of limitation on\nthe commencement of such action.\n 9. Death during period of suspension. If a person whose professional\nliability insurance coverage is suspended pursuant to subdivision three\nof this section dies during the period of the suspension:\n (a) the requirement for the grant or continuance of a stay in any\ncivil or administrative action against such person pursuant to paragraph\n(a) of subdivision seven of this section shall terminate on the date of\nthe death of such person; and\n (b) the carrier of the professional liability insurance so suspended\nshall be liable for any claim for damages for professional negligence or\nother professional liability of the deceased person in the same manner\nand to the same extent as such carrier would be liable if the person had\ndied while covered by such insurance but before the claim was filed.\n