New York State Excess Liability Program

Doctors, surgeons, and dentists stand to benefit from a section of state legislation passed in 1986 called the Medical Malpractice Reform Act. Frequently referred to as the NYS Section 18 Program, this program allows you to obtain an additional $1 million per incident and $3 million aggregate coverage for medical malpractice insurance. This is an occurrence policy with no tail required at the conclusion.

Effective 7/1/2017, Healthcare Professionals Insurance Company no longer offers excess liability coverage. HPIC made arrangements with Medical Liability Mutual Insurance Company (MLMIC) to provide this coverage going forward to HPIC's insureds. HPIC mailed its policyholders information regarding this seamless transition on May 1, 2017 and is assisting in continuing their excess coverage with MLMIC effective July 1, 2017.

Changes in Participation

In April 2022, the state's budget appropriated $102.1 million to the excess medical malpractice pool for the 2022-2023 policy year. The Section 18 legislation for 2022-2023 policy year is similar to the prior year, and those who were in the program last year (even for less than a full year) qualify for the upcoming policy year.

Reviewing Your Qualifications

To qualify, you'll need to file through one hospital and one carrier. Your current excess carrier will mail an excess renewal application form for you to complete and return to the carrier. Simply complete and return the application to the carrier as instructed on the carrier's renewal application form. 

Physicians and dentists new to the program can obtain a Section 18 application to submit prior to state enrollment closing. Applications for physicians and dentists can obtain a MLMIC Section 18 application by calling MLMIC at 1.888.672.1844 or by visiting the MLMIC website at the following link:

Click Here

It is your responsibility to ensure that your enrollment is complete and accepted by the carrier. A participating physician will receive a policy and declarations page from the carrier. Other qualifying factors for the Section 18 program remain the same as prior years:

• A primary affiliation with a New York State general hospital
• Render emergency services from time to time at the general hospital
• An individual primary policy (not group)
• Limits of at least $1.3 million per claim & $3.9 million aggregate
• Carrier must be authorized to do business in New York
• Complete a biennially-required Risk Management Course given by primary carrier

A PDF excerpt of the NYS Final 2022-2023 NYS legislative language authorizing the excess Medical Malpractice Liability program is available here: Section 18 legislation
The New York Senate and Assembly bills (S8007 and A9007) that were passed into law for the excess medical malpractice is available here: S8007 & A9007
Additionally, the NYCRR Part 91 in Title 10, the NYS DOH, describing the excess liability insurance pool for physicians and dentists including the requirements is available here: NYCRR91