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Governor Kathy Hochul’s 2022 Budget and the NYS Hospital Excess Liability Program

The Section 18 legislation for the 7.1.2022-6.30.2023 policy year was approved in early April 2022. It was a straight extension of the prior year.

Generally, physicians and dentists who participated in the program for the 2021-2022 policy year qualify for the upcoming year, assuming all other criteria are satisfied. New applicants are placed on a wait list, pending the total number of renewals from the prior year.

An overview of the Section 18 program and application procedures are sent to NYS hospital CEOs prior to the upcoming policy year. A copy of that memo is available here.

The NYS Budget appropriated $102.1 million to the NYS Excess Liability Program for the upcoming policy year. This funding is less than what had been allocated in prior years.

Legislative Changes and Application Procedures

By Vanessa on April 15, 2021

NYS Excess Liability Pool: The New York State Hospital Excess Liability Pool Administrator advises the hospitals and physicians about changes to the Section 18 program for the upcoming year. Renewals are sent to current policyholders during May for the upcoming July 1, 2021– July 1, 2022 policy year and should be completed and returned by the date your carrier instructs on the renewal applications. Get the current legislative changes and application procedures here that are mailed to hospital CEOs prior to the upcoming policy year.

Legislative Changes and Application Procedures

By Melissa on April 21, 2020

NYS Excess Liability Pool: The New York State Hospital Excess Liability Pool Administrator advises the hospitals and physicians about changes to the Section 18 program for the upcoming year. Renewals are sent to current policyholders during May for the upcoming July 1, 2020– July 1, 2021 policy year and should be completed and returned by the date your carrier instructs on the renewal applications. Get the current legislative changes and application procedures here that are mailed to hospital CEOs prior to the upcoming policy year.

Governor Cuomo's 2020 Budget

By Melissa on April 20, 2020

In early April 2020 the NYS Budget appropriated $105.1 million to the NYS Excess Medical Malpractice Pool for the 2019 - 2020 policy year, for another year. This funding the program has been the same amount of funding as prior years.

The Section 18 legislation for the 2020-21 policy year is again, the same as prior year. Generally, physicians who were in the Section 18 ospital Excess Liability Program for the 7/1/2019 - 7/1/2020 policy year (even for less than a full year) qualify for the 7/1/2020- 7/1/2021 policy year.

Legislative Changes and Application Procedures

By Melissa on April 17, 2019

NYS Excess Liability Pool: The New York State Hospital Excess Liability Pool Administrator advises the hospitals and physicians about changes to the Section 18 program for the upcoming year. Renewals are sent to current policyholders during May for the upcoming July 1, 2019 – July 1, 2020 policy year and should be completed and returned by the date your carrier instructs on the renewal applications. Get the current legislative changes and application procedures here that are mailed to hospital CEOs prior to the upcoming policy year.

Governor Cuomo's 2019 Budget

By Melissa on April 17, 2019

In early April 2019, the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2019 - 2020 policy year, for another year. This funding the program has been the same amount of funding as prior years.

The Section 18 legislation for the 2019 - 2020 policy year is again, the same as prior year. Generally, physicians who were in the Section 18 ospital Excess Liability Program for the 7/1/2018 - 7/1/2019 policy year (even for less than a full year) qualify for the 7/1/2019 - 7/1/2020 policy year.

Governor Cuomo's 2018 Budget

By Melissa on April 10, 2018

In early April 2018, the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2018 - 2019 policy year, funding the program for another year. This has been the same amount of funding as prior years.

The Section 18 legislation for the 2018 - 2019 policy year is again, the same as prior year. Generally, physicians who were in the Section 18 Hospital Excess Liability Program for the 7/1/2017 - 7/1/2018 policy year (even for less than a full year) qualify for the 7/1/2018 - 7/1/2019 policy year.

Healthcare Professionals Insurance Company Will No Longer Offer Excess Professional Liability Coverage

By Melissa on April 18, 2017

Effective July 1, 2017, Healthcare Professionals Insurance Company will no longer offer excess liability coverage for either the NYS Section 18 program or for the Direct Pay option. HPIC has made arrangements with Medical Liability Mutual Insurance Company (MLMIC) to provide this coverage going forward for HPIC's insureds.

HPIC will mail 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. HPIC and MLMIC are working together to ensure a smooth transition in the renewal of coverage from HPIC to MLMIC. There will be no change in the coverage or eligibility requirements for excess professional liability coverage. The process will also remain the same.

To secure coverage for the upcoming policy period July 1, 2017 - July 1, 2018, HPIC policyholders will need to complete and return the application by fax or regular mail in the reply envelope by June 1, 2017. Completing and returning the application as soon as possible will insure the policyholder uninterrupted excess coverage.

Applications for physicians who were not covered by HPIC in the 2016 - 2017 policy year, 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
HPIC claims will still be processed through HPIC's Albany Claims office.

If you have any questions, please contact our Underwriting Department at 518.862.0110 or 866.374.4742.

Governor Cuomo's 2017 Budget

By Melissa on April 18, 2017
In early April 2017 the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2017 - 2018 policy year, funding the program for another year. This has been the same amount of funding as prior years.

The Section 18 legislation for the 2017 - 2018 policy year is again, the same as prior year. Generally, physicians who were in the Section 18 Hospital Excess Liability Program for the 7/1/2016 - 7/1/2017 policy year (even for less than a full year) qualify for the 7/1/2017 - 7/1/2018 policy year.

Consistent with prior years, the 2017 legislation allows the Section 18 Pool total enrollment to be no greater than the prior policy year. If the number of physicians who participated in the Program for 2016 - 2017 policy year is greater than the number of qualifying physicians applying for the 7/1/2017 policy year, then the general hospitals may certify additional eligible physicians or dentists proportionate to the number of physicians that hospital had in the prior policy year. The hospital’s “proportionate share” for the additional slots is based on the 2016 - 2017 total enrollment.

Section 18 Excess Coverage and RRGs

By Melissa on April 2, 2014

HPIC has received a number of inquiries concerning Risk Retention Groups (RRGs) and claims-made coverage.  An example is:  “What happens to my Section 18, First Layer Excess Policy if I transfer my claims-made primary coverage from a NY state authorized carrier to a claims-made policy provided by a non-authorized RRG?”

The answer varies depending on how you transfer your coverage.  If you purchase a tail (covering occurrences that become claims-made going forward) with your NY state authorized carrier prior to transferring your coverage, and a claim is made against you, HPIC will cover that claim.  If you purchase a nose (covering occurrences that become claims-made going back) from the RRG giving you a retro-active date of coverage back to the inception date of your prior primary policy, you will void any HPIC coverage.  Your HPIC coverage is also voided for occurrences that are dated subsequent to inception of coverage with an RRG.

Please keep these facts in mind if you transfer your primary coverage.  It is always best to ask your primary carrier of the ramifications of your decision. You may also contact HPIC at  866.374.4742.

Governor Cuomo’s 2016 Budget

By Melissa on April 5, 2016

On April 1, 2016 the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2016 - 2017 policy year, funding the program another year. In January the Governor had proposed to reduce the program by $25 million. However in a three way leaders meeting on March 29, it was agreed to restore the funding of the Section 18 program from the Governor’s original proposal of $102.4 million to $127.4 million. The $127.4 million has been the funding of the program in prior years.

The Section 18 legislation for the 2016 - 2017 policy year is similar to the prior year. Generally, physicians who were in the Section 18 Hospital Excess Liability Program for the 7/1/2015 - 7/1/2016 policy year (even for less than a full year) qualify for the new 7/1/2016 - 7/1/2017 policy year.

The 2016 legislation allows the Section 18 Pool total enrollment to be the same as the prior policy year. If the number of physicians who participated in the Program for 2015 - 2016 policy year is greater than the number of qualifying physicians applying for the 7/1/2016 policy year, then the general hospitals may certify additional eligible physicians or dentists proportional to the number of physicians that hospital had in the prior policy year. The hospital’s “proportionate share” for the additional slots is based on the 2015 - 2016 total enrollment.

Governor Cuomo’s 2015 Budget

By Melissa on April 3, 2015
In March 2015 the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2015-2016 year, funding the program another year.

The Section 18 legislation for the 2015-2016 policy year is similar to the prior year. Physicians who were in the Section 18 Hospital Excess Liability Program for the 7/1/2014-7/1/2015 policy year (even for less than a full year) qualify for the 7/1/2015-7/1/2016 policy year.

The 2015 legislation allows the Section 18 Pool total enrollment to be the same as the prior policy year.  But if the number of physicians who participated in the Program for policy year ending 7/1/2014 is greater than the number of qualifying physicians applying for the 7/1/2015 policy year, then the hospitals get a proportionate number of new slots, up to the total number that participated in the 2014-2015 policy year.  The hospital’s “proportionate share” for the additional slots is based on the 2014-2015 enrollment.

Governor Cuomo’s 2014 Budget

By Melissa on March 31, 2014
In March 2014 the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2014-2015 year, funding the program another year.

The Section 18 legislation for the 2014-2015 policy year is similar to the prior year. Physicians who were in the Section 18 Hospital Excess Liability Program for the 7/1/2013-7/1//2014 policy year (even for less than a full year) qualify for the 7/1/2014-6/30/2015 policy year.

The 2014 legislation allows the Section 18 Pool total enrollment to be the same as the prior policy year.  But if the number of physicians who participated in the Program for policy year ending on 7/1/2014 is greater than the number of qualifying physicians applying for the 7/1/2014 policy year, then the hospitals get a proportionate number of new slots, up to the total number that participated in the 2013-2014 policy year.  The hospital’s “proportionate share” for the additional slots is based on the 2013-2014 enrollment.

Governor Cuomo’s 2013 Budget

By Melissa on April 5, 2013
In March 2013 the NYS Budget appropriated $127.4 million to the NYS Excess Medical Malpractice Pool for the 2013-2014 year, extending the program another year. Only physicians covered by the Pool for the 2012-2013 policy year will be eligible for the 2013-2014 policy year.

The 2013 new legislation also allows for an additional pool of eligible enrollees based on each hospital’s percentage share of the 2012 – 2013 Pool times the greater of 1,000 slots or the Pool enrollment change of 2012-2013 vs. the 2013 – 2014 + 1,000. In other words, the 2013-2014 total enrollment cannot exceed the 2012-2013 enrollment, plus 1,000, with the additional slots allocated to hospitals based on each hospital’s pro rata share of the total number of physicians covered in 2012–2013 policy year.