In response to legislation enacted in 1985 and thereafter requiring excess malpractice insurance for physicians affiliated with hospitals (see, e.g., L 1986, ch 266, § 18; L 1985, ch 294, §§ 19-21), the Department of Health promulgated regulations to govern and administer an excess malpractice insurance pool and determine the reimbursement to hospitals for their malpractice insurance costs (see, 10 NYCRR 86...
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