33-23-512. Rates -- approval. (1) The rates, rating plans, rating rules, rating classifications, territories, policy forms applicable to the medical malpractice insurance written by the association, and related statistics pursuant to 33-1-501, 33-1-502, and Title 33, chapter 16, must give consideration to the past and prospective loss and expense experience for medical malpractice insurance of the association, trends in the frequency and severity of losses, the investment income of the association, and other information that the commissioner may require.

(2) Within the time directed by the commissioner, the association shall submit an initial filing of policy forms, classifications, rates, rating plans, and rating rules applicable to medical malpractice insurance to be written by the association pursuant to 33-1-501, 33-1-502, and Title 33, chapter 16.

(3) After the initial year of operation, rates, rating plans, rating rules, and any provision for recoupment through member assessment or a premium rate increase must be based upon the association's loss and expense experience, together with other information based upon that experience that the commissioner considers appropriate. Any resulting member assessment or a premium rate increase must be on an actuarially sound basis and be calculated to make the association self-supporting.