N.Y. Comp. Codes R. & Regs. tit. 10, § 91.4
(b) The pool administrator(s) designated by the Superintendent of Insurance and the Commissioner of Health shall receive funds for the pool and purchase a policy or policies for excess malpractice insurance coverage or equivalent excess coverage for eligible physicians and dentists in accordance with this Part or reimburse the hospital where the hospital purchases equivalent excess coverage for eligible physicians or dentists participating in a voluntary attending physician (channeling) program. The pool administrator(s) shall be reimbursed for reasonable and necessary pool administration costs, as determined by the Superintendent of Insurance and Commissioner of Health, from pool funds including investment income of the pool.
(c)
(e) The cost of excess insurance coverage or equivalent excess coverage for each of the periods commencing on or after January 1, 1988 certified to a general hospital in accordance with section 91.3(a) of this Part, including costs of administering the pool for such periods, shall be compared to amounts paid or due by or on behalf of such general hospital to the pool for each such period in accordance with subdivisions (c) and (d) of this section. For each such period, any remaining underpayment shall be paid by the general hospital to the pool and any overpayment shall be returned by the pool to the general hospital to be returned to each major third-party payor pursuant to subdivision (g) of this section. Payments to the pool shall be made in accordance with the schedule established by the pool administrator.