reglab/housing_qa huggingface dataset:
NY Fin Serv L § 408 (2021)
2021 New York Laws FIS - Financial Services Law Article 4 - Financial Frauds Prevention 408 - Civil Penalty.

§  408.  Civil  penalty.  (a)  In  addition  to  any civil or criminal liability provided by law, the  superintendent  may,  after  notice  and hearing, levy a civil penalty:  (1) not to exceed five thousand dollars per offense, for:  (A)  any  intentional  fraud  or  intentional  misrepresentation  of a material fact  with  respect  to  a  financial  product  or  service  or involving any person offering to provide or providing financial products or services; or  (B)  any  violation of state or federal fair debt collection practices or federal or state fair lending laws; and  (2) not to exceed one thousand dollars for any other violation of this chapter or the regulations issued thereunder, provided that there  shall be no civil penalty under this section for violations of article five of this chapter or the regulations issued thereunder; and  (3) provided, however, that:  (A)  penalties for regulated persons under the banking law shall be as provided for in the banking law  and  penalties  for  regulated  persons under  the  insurance law shall be as provided for in the insurance law; and  (B) the superintendent shall not impose or collect any  penalty  under this  section  in  addition  to  any penalty or fine for the same act or omission that is imposed under the insurance law or banking law; and  (C)  nothing  in  this  section  shall  affect  the  construction   or interpretation  of the term "fraud" as it is used in any other provision of the consolidated or unconsolidated law.  (b) Civil penalties received by the superintendent  pursuant  to  this section  shall  be applied on an annual basis as follows: funds shall be applied first to reduce the assessments  charged  on  persons  regulated under  the  insurance  law  and  the banking law pursuant to section two hundred six of this chapter up  to  the  full  amount  paid  by  persons regulated  under  the  insurance  law  and banking law for the operating expenses of the  financial  frauds  and  consumer  protection  unit  not attributable  to  regulation  under the insurance or banking law for the fiscal year in which such penalties are received, such amount  shall  be applied to any assessment in the following year, and any remaining funds shall  be  paid  to  the  general  fund.  The  superintendent shall have discretion to determine how operating  expenses  which  are  not  solely attributable to regulating persons under either the insurance law or the banking law shall be allocated.
NY Fin Serv L § 409 (2021)
2021 New York Laws FIS - Financial Services Law Article 4 - Financial Frauds Prevention 409 - Reports.

§  409.  Reports.  (a) Whenever the superintendent is satisfied that a violation subject to section four hundred eight of this article or fraud or other criminal activity under the insurance law or  banking  law  has been  committed  or  attempted, the superintendent shall report any such violation of law,  as  the  superintendent  deems  appropriate,  to  the appropriate  licensing  agency,  the  district attorney of the county in which such acts were committed,  to  the  attorney  general,  and  where appropriate,  to  the  person  who  submitted  the  report of fraudulent activity, as provided by the provisions  of  this  article.  Within  one hundred  twenty  days  of  receipt  of  the superintendent's report, the attorney general or the district attorney  concerned  shall  inform  the superintendent as to the status of the reported violations.  (b)  No  later  than  March  fifteenth  of each year, beginning in two thousand twelve, the superintendent shall furnish to the  governor,  the speaker  of  the  assembly  and  the temporary president of the senate a report describing the activities of the financial  frauds  and  consumer protection  unit. Such report shall describe (1) the unit's efforts with respect to (A) frauds against entities regulated under the  banking  and insurance  laws;  and  (B)  frauds  against  consumers;  (2)  the unit's activities to address consumer complaints; and (3)  any  recommendations of  the superintendent with respect to changes of law that are desirable to address gaps in protection. The report may address such other matters relating  to  the  activities  of  the  financial  frauds  and  consumer protection  unit  as  the  superintendent believes will be useful to the governor or the legislature.  (c) No later than March fifteenth of each year beginning in  the  year two  thousand  twelve,  the superintendent shall submit to the governor, the state comptroller, the attorney general, the temporary president  of the  senate, the speaker of the assembly, the chairpersons of the senate finance and health committees, and  the  assembly  ways  and  means  and health  committees,  a report summarizing the department's activities to investigate and combat  health  insurance  fraud  including  information regarding  referrals  received, investigations initiated, investigations completed, and any other material necessary or desirable to evaluate the department's efforts.
NY Fin Serv L § 601 (2021)
2021 New York Laws FIS - Financial Services Law Article 6 - Emergency Medical Services and Surprise Bills 601 - Dispute Resolution Process Established.

§  601.  Dispute  resolution  process  established. The superintendent   shall establish a dispute resolution process by which a  dispute  for  a   bill  for  emergency  services  or  a surprise bill may be resolved. The   superintendent shall have the power to grant and  revoke  certifications   of  independent  dispute  resolution  entities  to  conduct  the dispute   resolution process.  The  superintendent  shall  promulgate  regulations   establishing  standards  for the dispute resolution process, including a   process for certifying  and  selecting  independent  dispute  resolution   entities.  An  independent  dispute resolution entity shall use licensed   physicians in active practice in the same or similar  specialty  as  the   physician   providing  the  service  that  is  subject  to  the  dispute   resolution process of this  article.  To  the  extent  practicable,  the   physician shall be licensed in this state.
NY Fin Serv L § 602 (2021)
2021 New York Laws FIS - Financial Services Law Article 6 - Emergency Medical Services and Surprise Bills 602 - Applicability.

§  602. Applicability. (a) This article shall not apply to health care services, including emergency services, where physician fees are subject to  schedules  or  other  monetary  limitations  under  any  other  law, including  the  workers'  compensation  law and article fifty-one of the insurance law, and shall not preempt any such law.  (b)(1) With regard to emergency services billed under American medical association current procedural terminology  (CPT)  codes  99281  through 99285,  99288,  99291  through 99292, 99217 through 99220, 99224 through 99226,  and  99234  through  99236,  the  dispute   resolution   process established in this article shall not apply when:  (A) the amount billed for any such CPT code meets the requirements set forth  in  paragraph  three  of  this  subsection,  after any applicable co-insurance, co-payment and deductible; and  (B) the amount billed for any  such  CPT  code  does  not  exceed  one hundred  twenty  percent  of  the  usual and customary cost for such CPT code.  (2) The health care plan shall ensure that an insured shall not  incur any  greater  out-of-pocket  costs for emergency services billed under a CPT code as set forth in this subsection than  the  insured  would  have incurred  if  such  emergency  services were provided by a participating physician.  (3) Beginning January first, two thousand  fifteen  and  each  January first   thereafter,  the  superintendent  shall  publish  on  a  website maintained by the department  of  financial  services,  and  provide  in writing  to  each  health care plan, a dollar amount for which bills for the procedure codes identified in this subsection shall be  exempt  from the  dispute resolution process established in this article. Such amount shall equal the amount from the prior year, beginning with  six  hundred dollars  in two thousand fourteen, adjusted by the average of the annual average inflation rates for the medical  care  commodities  and  medical care  services components of the consumer price index. In no event shall an amount exceeding one thousand two hundred dollars for a specific  CPT code billed be exempt from the dispute resolution process established in this article.
NY Fin Serv L § 604 (2021)
2021 New York Laws FIS - Financial Services Law Article 6 - Emergency Medical Services and Surprise Bills 604 - Criteria for Determining a Reasonable Fee.

§  604.  Criteria for determining a reasonable fee. In determining the appropriate amount to pay for a  health  care  service,  an  independent dispute   resolution   entity   shall  consider  all  relevant  factors, including:  (a) whether there is a gross disparity between the fee charged by  the physician or hospital for services rendered as compared to:  (1)  fees  paid  to  the  involved  physician or hospital for the same services rendered by the physician or  hospital  to  other  patients  in health   care   plans   in  which  the  physician  or  hospital  is  not participating, and  (2) in the case of a dispute involving a health care plan,  fees  paid by  the  health care plan to reimburse similarly qualified physicians or hospitals for  the  same  services  in  the  same  region  who  are  not participating with the health care plan;  (b)  the level of training, education and experience of the physician, and in the case of a hospital, the teaching staff, scope of services and case mix;  (c)  the  physician's  and  hospital's  usual  charge  for  comparable services  with  regard  to  patients  in  health care plans in which the physician or hospital is not participating;  (d) the circumstances and complexity of the particular case, including time and place of the service;  (e) individual patient characteristics; and, with regard to  physician services,  (f) the usual and customary cost of the service.
NY Fin Serv L § 606 (2021)
2021 New York Laws FIS - Financial Services Law Article 6 - Emergency Medical Services and Surprise Bills 606 - Hold Harmless an Assignment of Benefits for Insureds.

§ 606. Hold harmless and assignment of benefits for insureds. (a) When an  insured  assigns  benefits  for  a  surprise  bill  in  writing to a non-participating physician that knows the insured is  insured  under  a health  care  plan,  the  non-participating physician shall not bill the insured except for any applicable copayment, coinsurance  or  deductible that would be owed if the insured utilized a participating physician.  (b) When an insured assigns benefits for emergency services, including inpatient   services   which  follow  an  emergency  room  visit,  to  a non-participating physician  or  hospital  that  knows  the  insured  is insured  under  a  health  care plan, the non-participating physician or hospital shall not bill the insured except for any applicable copayment, coinsurance or deductible that would be owed if the insured  utilized  a participating physician or hospital.
NY Fin Serv L § 608 (2021)
2021 New York Laws FIS - Financial Services Law Article 6 - Emergency Medical Services and Surprise Bills 608 - Payment for Independent Dispute Resolution Entity.

§  608.  Payment  for  independent  dispute resolution entity. (a) For disputes involving an insured, when the independent  dispute  resolution entity  determines the health care plan's payment is reasonable, payment for the dispute resolution process shall be the  responsibility  of  the non-participating  physician  or  hospital. When the independent dispute resolution  entity  determines  the  non-participating  physician's   or hospital's fee is reasonable, payment for the dispute resolution process shall  be  the responsibility of the health care plan. When a good faith negotiation  directed  by  the  independent  dispute  resolution  entity pursuant to paragraph four of subsection (a) of section six hundred five of  this  article,  or  paragraph  six  of subsection (a) of section six hundred seven of this article results in a settlement between the health care plan and non-participating physician or hospital, the  health  care plan and the non-participating physician or hospital shall evenly divide and share the prorated cost for dispute resolution.  (b)  For disputes involving a patient that is not an insured, when the independent dispute resolution entity determines the physician's fee  is reasonable,  payment  for  the  dispute  resolution process shall be the responsibility of the patient unless payment for the dispute  resolution process  would  pose a hardship to the patient. The superintendent shall promulgate a regulation to determine payment for the dispute  resolution process  in  cases  of hardship. When the independent dispute resolution entity determines the physician's fee is unreasonable, payment  for  the dispute resolution process shall be the responsibility of the physician.
NY Fin Serv L § 702 (2021)
2021 New York Laws FIS - Financial Services Law Article 7 - Student Debt Consultants 702 - Prohibitions.

§  702.  Prohibitions.  A  student  debt consultant is prohibited from doing the following:  (a) performing  student  debt  consulting  services  without  a  legal written,  fully-executed contract with a borrower that comports with the provisions of this article;  (b) charging for or accepting any payment for student debt  consulting services  before  the  full completion of all such services, including a payment to be  placed  in  escrow  or  any  other  account  pending  the completion of such services;  (c) taking a power of attorney from a borrower;  (d)  retaining  any  original loan document or other original document related to a borrower's student loan;  (e) requesting that a borrower provide  his  or  her  FSA  ID  to  the consultant, or accepting a borrower's FSA ID;  (f)  stating  or  implying  that a borrower will not be able to obtain relief on their own;  (g) misrepresenting, expressly or by implication, that:  (1) the consultant is a part  of,  affiliated  with,  or  endorsed  or sponsored by the government, government loan programs, the United States department of education, or borrowers' student loan servicers; or  (2)  some  or  all  of a borrower's payments to the consultant will be applied towards the borrower's student loans.  (h) inducing or attempting to induce  a  student  debtor  to  enter  a contract that does not fully comply with the provisions of this article; or  (i) engaging in any unfair, deceptive, or abusive act or practice.
NY Fin Serv L § 703 (2021)
2021 New York Laws FIS - Financial Services Law Article 7 - Student Debt Consultants 703 - Disclosure Requirements.

§  703.  Disclosure  requirements. (a) A student debt consultant shall clearly and conspicuously disclose in all advertisements:  (1) the actual services the consultant provides to borrowers;  (2) that borrowers may apply for consolidation loans from  the  United States  department of education at no cost, including providing a direct link in all online advertising and  contact  information  in  all  print advertising to the application materials for a Direct Consolidation Loan from the United States department of education;  (3) that consolidation or other services offered by the consultant may not be the best or only option for borrowers;  (4)  that  alternative federal student loan repayment plans, including income-based  programs,  that  do  not  require  consolidating  existing federal student loans may be available; and  (5)  that  borrowers  should  consider  consulting  their student loan servicer before signing any legal document concerning a student loan.  (b) The disclosures required by subsection (a)  of  this  section,  if disseminated  through  print media or the internet, shall be clearly and legibly printed or displayed in not less than  twelve-point  bold  type, or,  if  the  advertisement  is printed to be displayed in print that is smaller than twelve point, in bold type print that is  no  smaller  than the  print  in  which  the  text  of  the  advertisement  is  printed or displayed.  (c) The provisions of this section shall apply to all consultants  who disseminate  advertisements  in  the  state of New York or who intend to directly or indirectly contact a borrower who has a student loan and  is a  resident  of  or  a  student  in  New  York  state. Consultants shall establish and at all times maintain control over the content,  form  and method  of  dissemination  of  all  advertisements  of  their  services. Further, all advertisements shall be sufficiently complete and clear  to avoid the possibility to mislead or deceive.
NY Fin Serv L § 705 (2021)
2021 New York Laws FIS - Financial Services Law Article 7 - Student Debt Consultants 705 - Penalties and Other Provisions.

§  705.  Penalties  and  other  provisions.  (a) If the superintendent finds, after  notice  and  hearing,  that  a  consultant  has  knowingly violated  any  provision of this article and the violation was material, the superintendent may: (1) make null and void any agreement between the borrower and the consultant; and (2) impose a civil penalty of not  more than ten thousand dollars for each violation.  (b)  If  the consultant violates any provision of this article and the borrower suffers damage because  of  the  violation,  the  borrower  may recover  actual  and consequential damages and costs from the consultant in an action  based  on  this  article.  If  the  consultant  recklessly violates  any  provision of this article, the court may award attorneys' fees and costs. If the consultant intentionally violates  any  provision of this article, the court may award treble damages, attorneys' fees and costs.  (c)  Any provision of a student debt consulting contract that attempts or purports to limit the liability of the consultant under this  article shall  be null and void. Inclusion of such provision shall at the option of the borrower render the contract void. Any provision  in  a  contract which attempts or purports to require arbitration of any dispute arising under  this  article  shall  be  void at the option of the borrower. Any waiver of the provisions of this article shall be void and unenforceable as contrary to public policy.  (d) The provisions of this  article  are  not  exclusive  and  are  in addition  to  any  other  requirements,  rights, remedies, and penalties provided by law.
NY Fin Serv L § 706 (2021)
2021 New York Laws FIS - Financial Services Law Article 7 - Student Debt Consultants 706 - Rules and Regulations.

§  706.  Rules  and  regulations.  In  addition  to such powers as may   otherwise be prescribed by this chapter, the  superintendent  is  hereby   authorized and empowered to promulgate such rules and regulations as may   in the judgment of the superintendent be consistent with the purposes of   this  article,  or  appropriate for the effective administration of this   article.
NY Fin Serv L § 802 (2021)
2021 New York Laws FIS - Financial Services Law Article 8 - Commercial Financing 802 - Exemptions.

* §  802.  Exemptions.  This article shall not apply to, and shall not place any additional  requirements  or  obligations  upon,  any  of  the following:  (a) a financial institution;  (b) a person acting in its capacity as a technology services provider, such  as licensing software and providing support services, to an entity exempt under this section  for  use  as  part  of  the  exempt  entity's commercial  financing  program, provided such person has no interest, or arrangement or agreement to purchase  any  interest  in  the  commercial financing extended by the exempt entity in connection with such program;  (c)  a  lender  regulated under the federal Farm Credit Act (12 U.S.C. Sec.  2001 et seq.);  (d) a commercial financing transaction secured by real property;  (e) a lease as defined in section 2-A-103 of  the  uniform  commercial code;  (f)  any  person  or  provider  who makes no more than five commercial financing transactions in this state in a twelve-month period;  (g) an individual commercial financing transaction in an  amount  over two million five hundred thousand dollars; or  (h)  a  commercial  financing  transaction in which the recipient is a dealer as defined in section four hundred fifteen  of  the  vehicle  and traffic  law,  or  an  affiliate  of  such a dealer, or a rental vehicle company as defined in section three hundred ninety-six-z of the  general business law, or an affiliate of such a company pursuant to a commercial financing agreement or commercial open-end credit plan of at least fifty thousand  dollars, including any commercial loan made pursuant to such a commercial financing transaction.   * NB Effective January 1, 2022
NY Fin Serv L § 804 (2021)
2021 New York Laws FIS - Financial Services Law Article 8 - Commercial Financing 804 - Closed-End Commercial Financing Disclosure Requirements.

* §  804.  Closed-end  commercial financing disclosure requirements. A provider,  subject  to  this  article,  shall  provide   the   following disclosures to a recipient at the time of extending a specific offer for closed-end   financing   according   to  formatting  prescribed  by  the superintendent:  (a) The total amount of the commercial financing, and the disbursement amount, if different from the financing amount, after any fees  deducted or withheld at disbursement.  (b) The finance charge.  (c) The annual percentage rate, using only the words annual percentage rate or the abbreviation "APR", expressed as a yearly rate, inclusive of any  fees and finance charges that cannot be avoided by a recipient, and calculated  in  accordance  with  the  federal  Truth  in  Lending  Act, Regulation  Z,  12  C.F.R.  § 1026.22, regardless of whether such act or such regulation would require such a calculation.  (d) The total repayment amount, which is the disbursement amount  plus the finance charge.  (e) The term of the financing.  (f) The payment amounts:  (i)  for  payment  amounts  that  are  fixed,  the payment amounts and frequency (e.g., daily, weekly, monthly), and, if  the  term  is  longer than one month, the average monthly payment amount; or  (ii) for payment amounts that are variable, a full payment schedule or a  description of the method used to calculate the amounts and frequency of payments, and, if the term is longer than one  month,  the  estimated average monthly payment amount.  (g)  A description of all other potential fees and charges that can be avoided by the recipient, including, but not limited  to,  late  payment fees and returned payment fees.  (h) Were the recipient to elect to pay off or refinance the commercial financing prior to full repayment, the provider must disclose:  (i) whether the recipient would be required to pay any finance charges other  than interest accrued since their last payment. If so, disclosure of the percentage of any  unpaid  portion  of  the  finance  charge  and maximum dollar amount the recipient could be required to pay; and  (ii)  whether  the  recipient  would be required to pay any additional fees not already included in the finance charge.  (i) A description of collateral requirements or security interests, if any.   * NB Effective January 1, 2022