N.Y. ISC Law § 5505

§ 5505. Rates. (a) The rates, rating plans, rating rules, rating\nclassifications, territories and statistics applicable to the insurance\nwritten by the association shall be subject to article twenty-three of\nthis chapter, giving due consideration to the past and prospective loss\nand expense experience for medical malpractice insurance written and to\nbe written in this state, trends in the frequency and severity of\nlosses, the investment income of the association, and such other\ninformation as the superintendent may require.\n (b) All rates shall be on an actuarially sound basis, be calculated to\nbe self-supporting, be based upon reasonable standards, and may give\nconsideration to such factors as the experience of the insured,\ngeographical area and specialties of practice. The superintendent shall\ntake all appropriate steps to make available to the association the loss\nand expense experience of insurers previously writing medical\nmalpractice insurance in this state. The premiums shall be fixed at the\nlowest possible rates consistent with the maintenance of solvency of the\nassociation and of reasonable reserves and surplus therefor.\n (c) The association's rates, rating plans, rating rules and rating\nclassifications may provide for premium discounts for physicians,\ndentists, certified nurse-midwives, certified registered nurse\nanesthetists or podiatrists commencing practice or conducting a limited\npractice as set forth in the plan of operation.\n (d) In filing rates, the association may include in its experience the\nannuity payments received, the then present value of annuity payments to\nwhich it is entitled, and lump sum payments made by the association in\naccordance with subdivision (b) of section five thousand thirty-six of\nthe civil practice law and rules.\n