Residency Manual

XV. Malpractice Insurance Policy A.

Malpractice Insurance Policy for Residents on the SUNY College of Optometry Payroll: The State University of New York, an educational corporation established pursuant to Article 8 of the Education Law, is an agency of the State of New York. The State of New York does not purchase insurance against the liability arising out of the acts of the State, the State University, or their officers or employees. In lieu of such insurance, the State self-retains for insurance purposes and the State University hereby makes the following certification: The State University shall be responsible for any and all damage or injury which may arise out of the acts of the State University, its officers and employees, acting within the scope of their authority. The State University's obligations with respect to claims for such damage or injury are limited only to the availability of lawful appropriations, as required by Section 41 of the State Finance Law, and further subject to a determination of liability pursuant to the provisions of the New York State Court of Claims Act. Such protection applies only to duties performed as part of SUNY’s residency program. Protection does not extend to activities that are not SUNY specific. B. Malpractice Insurance Policy for Residents Employed by the Federal Government Malpractice coverage is provided for all trainees within the VA (residents and students). The reference is the Federal Tort Claims Act, 28 U.S.C. 2679 (b)-(d) and the VHA Manual. M-8, Part II, Chapter 1, 2, and 4 as well as Title 38 U.S.C. 7316. C. The Womack residents are covered under the Federal Tort. D. The BronxCare Health System Residents are covered by Hospital's Insurance Company, Inc. E. The Fromer Eye Center, Atlantic Physicians, Flaum Institute and EyeCare Associates residents are covered by the malpractice insurance provided through the individual residency site.

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