NY Ins L § 1118 (2021)
2021 New York Laws ISC - Insurance Article 11 - Licensing of Insurers 1118 - Regional Pilot Projects for the Uninsured.

§  1118.  Regional pilot projects for the uninsured. (a) An authorized insurer subject to the provisions of this chapter and organized to write the kind of insurance specified in paragraph three of subsection (a)  of section  one thousand one hundred thirteen of this article, and a health maintenance organization authorized pursuant to article  forty-three  of this  chapter  or  article  forty-four  of the public health law, may be authorized by the superintendent to issue contracts or  otherwise  enter into   arrangements  with  approved  organizations  in  connection  with regional pilot projects to test models  for  the  purpose  of  providing insurance  and  equivalent  coverage  mechanisms for the uninsured. Such plans must satisfy the criteria set forth  in  subsection  (b)  of  this section  and  the superintendent shall make the determinations set forth in subsection (e) of this section. For  the  purpose  of  this  section, regional  pilot  projects shall mean projects authorized pursuant to the expanded health care coverage act of nineteen hundred eighty-eight.  (b) The superintendent may authorize such  contracts  or  arrangements for regional pilot projects pursuant to the following criteria:  (1) the plan's provisions are not misleading or confusing;  (2)  the  plan's  provisions  are  consistent  with  the  needs of the regional pilot projects; and  (3) the plan, the contract and other  materials  describing  the  plan fully and clearly state the benefits, limitations of the plan.  (c)  The  duration  of  such  contracts  and  the  extent  of exposure thereunder by insurers or  health  maintenance  organizations  shall  be determined by the superintendent.  (d)  Notwithstanding  any  provisions of this chapter or the financial services law to the contrary, the superintendent may  waive,  modify  or suspend  any  provision  of  this chapter, the financial services law or regulations promulgated thereunder as  applicable  to  the  insurers  or health   maintenance  organizations  that  conduct  the  regional  pilot projects,  except  as  to  mandatory  benefits,  provided  such  waiver, modification  or  suspension  is  based  on  the  criteria  set forth in subsection (e) of this section.  (e) The superintendent may take the actions set forth  in  subsections (a) and (d) of this section upon the superintendent's judgment that:  (1)  the  plan  is a reasonable and appropriate approach to expand the availability of health care coverage or equivalent  coverage  mechanisms for the uninsured;  (2)  the  premium  rates and other sources of funding for the regional pilot project  is  reasonably  related  to  the  benefits  provided  and sufficient to support the program;  (3)  any  waiver,  modification  or  suspension  of provisions of this chapter,  the  financial  services  law   or   regulations   promulgated thereunder  is  essential to the operation of the regional pilot project and to the rational development  of  programs  to  provide  health  care coverage or equivalent coverage mechanisms to the uninsured; and  (4)  any  waiver,  modification  or  suspension  of provisions of this chapter,  the  financial  services  law   or   regulations   promulgated thereunder  will  not  impair  the  ability  of  the  insurer  or health maintenance  organization  to  satisfy  its  existing  and   anticipated contracts  and  other  obligations,  including  such  standards  as  the superintendent shall prescribe concerning adequate capital and financial requirements.