Title 17, Title 17: CORPORATIONS AND INSTITUTIONS FOR FINANCE AND INSURANCE

17:30D-13. Emergency powers of commissioner upon activation of association; duration Upon finding that immediate activation of the association for any category or subcategory of insureds is required because medical malpractice liability insurance is or will be unavailable for suc…

17:30D-14. Severability If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, an…

17:30D-15. Liberal construction This act shall be liberally construed to effectuate its purposes, and all laws or parts of laws of this State inconsistent with this act are hereby superseded to the extent of such inconsistency. L.1975, c. 301, s. 15, eff. Jan. 30, 1976.

17:30D-17 Insurer to notify Medical Practitioner Review Panel of malpractice settlement, judgment, award. 2. a. Any insurer or insurance association authorized to issue medical malpractice liability insurance in the State shall notify the Medical Practitioner Review Panel establi…

17:30D-18 Conflicts of interest; violations; penalties. 13. a. On or after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.) and except as provided in subsection d. of this section, no person who is an officer, director or board member of a professional association for he…

17:30D-19 "Medical Malpractice Liability Insurance Purchasing Alliance;" definitions. 14. Physicians may join together, by means of a joint contract under the procedures established by this section, to form a "Medical Malpractice Liability Insurance Purchasing Alliance" for the p…

17:30D-2. Purpose; application to medical malpractice liability insurance a. The purpose of this act is to assure that medical malpractice liability insurance is readily available to licensed medical practitioners and health care facilities by establishing a reinsurance associati…

17:30D-20 Provisions concerning settlements of medical malpractice liability insurance policy. 15. a. A medical malpractice liability insurance policy, which is made, issued or delivered pursuant to Subtitle 3 of Title 17 of the Revised Statutes in this State on or after the effe…

17:30D-21 Offering of deductibles in medical malpractice liability insurance policy. 16. a. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer medical malpractice liability insurance policies with a deductible, at the option of …

17:30D-22 Increase of premium prohibited, certain circumstances. 17. Notwithstanding any other law or regulation to the contrary, an insurer authorized to transact medical malpractice liability insurance in this State shall not increase the premium of any medical malpractice liab…

17:30D-23 Certification as to adequacy of rates. 18. Each annual statement made after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al.), pursuant to the provisions of section 16 of P.L.1982, c.114 (C.17:29AA-16), by an insurer writing medical malpractice in this State, sh…

17:30D-24 Mailing of notice of renewal, nonrenewal. 19. Notwithstanding the provisions of section 1 of P.L.1968, c.131 (C.17:29C-1) to the contrary, each notice of renewal or nonrenewal by an insurer authorized to transact medical malpractice liability insurance in this State sha…

17:30D-25 Annual review of capitalization, reserve requirements. 21. Subject to standards adopted by the National Association of Insurance Commissioners, the Commissioner of Banking and Insurance shall, within 180 days after the effective date of P.L.2004, c.17 (C.2A:53A-37 et al…

17:30D-26 Option of installments for premium payments. 22. Every insurer authorized to transact medical malpractice liability insurance in this State shall offer its insureds the option to make premium payments in installments, as prescribed by the Commissioner of Banking and Ins…

17:30D-27 Definitions relative to medical malpractice judgments; payment. 24. a. As used in this section: "Annuity" means an annuity issued by an insurer licensed or authorized to do business in this State which is a qualified assignment under section 130 of the federal Internal …

17:30D-28 Definitions relative to Medical Liability Insurance Premium Assistance Fund. 26. For the purposes of sections 27 and 28 of P.L.2004, c.17 (C.17:30D-29 and 17:30D-30): "Commissioner" means the Commissioner of Banking and Insurance. "Fund" means the Medical Malpractice Li…

17:30D-29 Medical Malpractice Liability Insurance Premium Assistance Fund. 27. a. There is established a Medical Malpractice Liability Insurance Premium Assistance Fund within the Department of the Treasury as a nonlapsing, revolving fund. b. The fund shall be comprised of the fo…

17:30D-3 Definitions. 3. As used in this act: a. "Association" means the New Jersey Medical Malpractice Reinsurance Association established pursuant to the provisions of this act. b. "Commissioner" means the Commissioner of Banking and Insurance. c. "Licensed medical practitioner…

17:30D-30 Responsibilities of commissioner. 28. a. In order to carry out the purposes of section 27 of P.L.2004, c.17 (C.17:30D-29), the commissioner shall, at a minimum: (1) establish a program to provide medical malpractice liability insurance premium subsidies to health care p…

17:30D-31 Rules, regulations. 32. The Commissioner of Banking and Insurance shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of sections 13, 16 through 19, 21, 22 and 24 of this act.…

17:30D-4. Medical malpractice reinsurance association; creation; members; funds and reserves; accounts There is hereby created an unincorporated, nonprofit association to be known as the New Jersey Medical Malpractice Reinsurance Association constituting a legal entity separate a…

17:30D-5. Powers and duties of association The association shall, pursuant to the provisions of this act and the plan of operation, have the power: a. To assume or cede 100% reinsurance or a lesser percentage on any policy of insurance or binder subject to this act; b. To provide…

17:30D-6. Temporary board of directors; powers and responsibilities Within 30 days after the effective date of this act, the commissioner shall call an organization meeting of the association for the purpose of constituting a temporary board of directors. The commissioner shall a…

17:30D-7 Plan of operation; review and approval; certification; amendment. 7. a. Within such a time as shall be prescribed by the commissioner in written notice to the board, the directors shall submit to the commissioner, for his review and approval, a proposed plan of operation…

17:30D-8. Insureds without availability of insurance; activation of association; designation of provider or direct basis insurance; acceptance of risks; noninterference with agents On and after the date that reinsurance is available from the association: a. The commissioner after…

17:30D-9. Medical malpractice reinsurance recovery fund; creation; purpose; contents; administration There is hereby created a fund to be known as the New Jersey Medical Malpractice Reinsurance Recovery Fund (hereinafter referred to as the recovery fund). The purpose of the recov…