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The Bergen County Medical Society - latest reform 2 20 03 (Page 14)

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The Bergen County Medical Society - latest reform 2 20 03
14
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
(2) exclude a member who agrees to pay fees for membership and the
premium for medical malpractice liability insurance coverage and who
abides by the by-laws of the alliance; or
(3) engage in any trade practice or activity prohibited pursuant to
P.L.1947, c.379 (C.17:29B-1 et seq.).
f. Within 30 days after its organization, the purchasing alliance board
shall file with the commissioner a certificate that shall list the members
of the alliance, the names of the directors, chairman, treasurer and
secretary of the alliance, the address at which communications for the
alliance are to be received, a copy of the certificate of incorporation of
the alliance, if any, and a copy of the joint contract executed by all of the
members. Any change in the information required by the provisions of
this section shall be filed with the commissioner within 30 days of the
change.
g. The commissioner shall adopt such rules and regulations pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), as are necessary to effectuate the provisions of this section.

18. (New section) a. A medical malpractice liability insurance
policy made, issued or delivered pursuant to Subtitle 3 of Title 17 of the
Revised Statutes in this State on or after the effective date of P.L. , c.
(pending before the Legislature as this bill) may contain a provision that
provides a person insured under the policy with the exclusive right to
require the insurer to obtain the consent of the insured to settle any claim
filed against the insured; except that, if the policy contains that
provision, the insurer shall offer an endorsement, to be included in the
policy at the option of the insured, providing the insurer the right to settle
a claim filed under the policy without first having obtained the insured's
consent. The insurer shall establish a premium for the endorsement,
which premium shall reflect any savings or reduced costs attributable to
the endorsement.
b. 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.) necessary to effectuate the provisions of this
section.

19. (New section) a. Every insurer authorized to transact and
writing medical malpractice insurance policies in this State shall offer
medical malpractice liability insurance policies with a deductible, at the
option of the insured, in an amount of at least $10,000 per claim and up
to $1,000,000 per claim.
b. Every insurer authorized to transact medical malpractice liability
insurance in this State shall provide an appropriate premium reduction
for any deductible chosen pursuant to subsection a. of this section.
c. In the case of a policy with a deductible of $15,000 or greater, the
insurer shall be responsible for payment of the deductible and shall be
reimbursed for that amount by the insured.

20. (New section) Notwithstanding any other law or regulation to the
contrary:
a. An insurer authorized to transact medical malpractice liability
insurance in this State shall not increase the premium of any medical
malpractice liability insurance policy based on a claim of medical
negligence or malpractice against the insured unless the claim results in a
medical malpractice claim settlement, judgment or arbitration award

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