Section 5501. Definitions  


Latest version.
  • In this article:
        (a) "Association" means the medical malpractice insurance association.
        (b)  "Medical  malpractice  insurance"  means  insurance against legal
      liability of the insured, and against loss, damage, or expense  incident
      to  a  claim of such liability arising out of the death or injury of any
      person due to medical, dental, podiatric, certified  nurse-midwifery  or
      hospital  malpractice  by  any  licensed physician, dentist, podiatrist,
      certified  nurse-midwife,  certified  registered  nurse  anesthetist  or
      hospital.
        (c) "Hospital" means:
        (1)  Any  facility  defined  as  a hospital under section twenty-eight
      hundred one of the public health law and issued an operating certificate
      as a hospital or nursing home, and those distinct parts  of  a  facility
      which  are  subject to the powers of visitation, examination, inspection
      and investigation of the department  of  mental  hygiene  which  provide
      hospital or nursing home service.
        (2)  Any  ambulance  service  which  is  registered or certified under
      article thirty of the public  health  law  and  which  is  designed  and
      equipped  to provide definitive acute medical care pursuant to rules and
      regulations of the  commissioner  of  health  in  accordance  with  such
      article concerning the requirements for an advanced life support system.
      Such  a  service  must  include, but not be limited to, the provision of
      advanced life support services.
        (3) Any community mental health center operated  by  a  county,  city,
      town or village, holding an operating certificate issued by an office of
      the department of mental hygiene.
        (4)  Any  certified  public  or voluntary non-profit home care service
      agency which possesses a valid  certificate  of  approval  issued  under
      article twenty-eight or thirty-six of the public health law.
        (d)  "Net  direct  premiums"  means  gross  direct premiums written on
      personal injury liability insurance, including the  liability  component
      of  multiple  peril  package policies as computed by the superintendent,
      less return premiums for the unused or unabsorbed  portions  of  premium
      deposits.
        (e) "Personal injury liability insurance" means all forms of insurance
      written  under  paragraph  thirteen  of  subsection  (a)  of section one
      thousand one hundred thirteen of this chapter, including  the  liability
      component of multiple peril package policies.