reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 2 - Organization of the Department of Financial Services › 205 - Gratuities; Prohibited Payments to Department Personnel.

§ 205. Gratuities; prohibited payments to department personnel. (a) No
insurer  or  other person subject to this chapter, nor any other insurer
or person shall directly or indirectly confer, or offer to  confer,  any
money  or  other valuable benefit, whether in the form of payment, loan,
credit, or otherwise,  upon  the  superintendent,  any  deputy,  or  any
employee  of  the  department,  by  way  of  gratuity  or for service or
pretended service. Neither  the  superintendent,  any  deputy,  nor  any
employee  of  the  department shall accept, or offer to accept, any such
money or benefit.
(b)  Subsection  (a)  hereof  shall  not  prohibit  the   payment   of
compensation   to  any  stenographer  for  transcripts  of  hearings  or
conferences,  except  that  the   superintendent   may   prescribe,   by
regulation, the conditions under which such transcripts may be furnished
and the compensation therefor.
2023 New York Laws › ISC - Insurance › Article 2 - Organization of the Department of Financial Services › 208 - Transfer or Destruction of Records.

§  208. Transfer or destruction of records. The superintendent may, in
  accordance with the provisions of section one hundred eighty-six of  the
  state  finance  law, effect the transfer, or destruction, of any records
  made, acquired, or received by the department, if such records  are,  in
  his judgment, of no further material value to the state; but, subject to
  the provisions of section 57.29 of the arts and cultural affairs law, no
  records  or  other  data required to be filed with the department during
  his administration, pursuant to any provision of this chapter, may be so
  destroyed.
2023 New York Laws › ISC - Insurance › Article 2 - Organization of the Department of Financial Services › 214 - Report on Insurance Agent Licensing Examinations.

§   214.   Report  on  insurance  agent  licensing  examinations.  The
  superintendent shall perform a study of the  insurance  agent  licensure
  examinations required pursuant to section two thousand one hundred three
  of this chapter. The study shall, at a minimum, include the total number
  of  examinees, the passing rate of all examinees, and the mean scores on
  the examination. Additionally, the study shall examine  the  correlation
  between  these  statistics and the applicants' native language, level of
  education, gender, race and ethnicity. The study shall be  completed  by
  March fifteenth, two thousand twelve, and annually thereafter.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 301 - Regulations by Superintendent.

§  301.  Regulations  by superintendent. The superintendent shall have
the power to prescribe and from time  to  time  withdraw  or  amend,  in
writing,  regulations,  not  inconsistent  with  the  provisions of this
chapter:
(a) governing the duties assigned to the members of the staff  of  the
department;
(b)  effectuating any power, given to him under the provisions of this
chapter to prescribe forms or otherwise make regulations;
(c) interpreting the provisions of this chapter; and
(d) governing the procedures to be followed in  the  practice  of  the
department.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 302 - Supervisory Colleges.

§ 302. Supervisory colleges. (a) The superintendent may participate in
a supervisory college in order to determine compliance with this chapter
with  respect  to  an  insurer that is registered under article fifteen,
sixteen, or seventeen of this chapter and has international  operations.
The  powers  of  the superintendent with respect to supervisory colleges
include:
(1) initiating the establishment of a supervisory college;
(2) clarifying the membership and participation of  other  supervisors
in the supervisory college;
(3)  clarifying  the functions of the supervisory college and the role
of  other  regulators,  including  the  establishment  of  a  group-wide
supervisor;
(4)  coordinating  the  ongoing activities of the supervisory college,
including planning meetings, supervisory activities, and  processes  for
information sharing; and
(5) establishing a crisis management plan.
(b)  Each  insurer  registered  under  article  fifteen,  sixteen,  or
seventeen of this chapter that is subject to a supervisory college shall
be  liable  for  and  shall  pay  the   reasonable   expenses   of   the
superintendent's  participation  in  a  supervisory  college,  including
reasonable travel expenses. A supervisory college  may  be  convened  as
either  a  temporary  or  permanent  forum  for  the  communication  and
cooperation between the regulators charged with the supervision  of  the
insurer  or  its parent, affiliates, or subsidiaries. The superintendent
may establish a regular assessment to the insurer  for  the  payment  of
these expenses.
(c)  In  order  to  assess  the business strategy, financial position,
legal and  regulatory  position,  risk  exposure,  risk  management  and
governance  processes,  and  as  part  of  the examination of individual
insurers, the superintendent may participate in  a  supervisory  college
with  other  regulators  charged  with supervision of the insurer or its
parent, affiliates, or subsidiaries, including other state, federal, and
international regulatory agencies. The  superintendent  may  enter  into
agreements pursuant to section one hundred ten of this chapter providing
the   basis   for  cooperation  between  the  superintendent  and  other
regulatory agencies and for the activities of the  supervisory  college.
Nothing  in  this  section shall delegate to the supervisory college the
superintendent's authority to regulate or supervise the insurer  or  its
parent,   affiliates,   or   subsidiaries  within  the  superintendent's
jurisdiction.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 306 - Immunity From Prosecution.

§  306.  Immunity  from  prosecution.  (a)  At  any  hearing conducted
pursuant to this chapter or in any cause or proceeding instituted by the
superintendent pursuant to this  chapter,  the  superintendent,  or  his
deputy  or other officer conducting the hearing, cause or proceeding may
confer immunity in accordance with the provisions of  section  50.20  of
the criminal procedure law.
(b)  No  person compelled in accordance with the provisions of section
50.20 of the criminal procedure law to give answer or  produce  evidence
of  any  other  kind  at  any such hearing, cause or proceeding shall be
exempt from the  refusal,  revocation  or  suspension  of  any  license,
permission  or authority conferred, or to be conferred, pursuant to this
chapter. Any person testifying at any such hearing, cause or  proceeding
may  execute, acknowledge and file in the office of the superintendent a
statement  expressly  waiving  his   immunity   or   privilege   against
self-incrimination  in  respect  to  any  transaction,  matter  or thing
specified in such statement and thereupon the answers given or  evidence
produced by such person in relation to such transaction, matter or thing
may  be  received  or  produced  before  any  judge  or  justice, court,
tribunal, grand jury or otherwise, and if so received or  produced  such
person  shall not be entitled to any immunity or privilege on account of
any answers he may so give or evidence he may so produce.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 308 - Special Reports.

§  308.  Special reports.  (a) (1) The superintendent may also address
to any health maintenance organization, life settlement  provider,  life
settlement  intermediary  or  its officers, or any authorized insurer or
rate service organization, or officers thereof, any inquiry in  relation
to  its  transactions  or  condition  or any matter connected therewith.
Every corporation or person so addressed shall reply in writing to  such
inquiry promptly and truthfully, and such reply shall be, if required by
the superintendent, subscribed by such individual, or by such officer or
officers  of  a  corporation, as the superintendent shall designate, and
affirmed by them as true under the penalties of perjury.
(2) In the event any corporation or person does  not  provide  a  good
faith  response  to  an inquiry from the superintendent pursuant to this
section relating to accident insurance, health insurance,  accident  and
health  insurance  or  health  maintenance organization coverage or with
respect to life settlements, within  a  time  period  specified  by  the
superintendent   of   not   less   than   fifteen   business  days,  the
superintendent is authorized to levy a civil penalty, after  notice  and
hearing,  against  such corporation or person not to exceed five hundred
dollars  per  day  for  each  day  beyond  the  date  specified  by  the
superintendent  for  response, but in no event shall such penalty exceed
seven thousand five hundred dollars.
(b) In addition to the other reports required  by  this  article,  the
superintendent  may  also  require  the  filing  of  quarterly  or other
statements, which shall be in such form and shall contain  such  matters
as the superintendent shall prescribe.
(c)  The  superintendent shall ensure that any contracts entered into,
modified, extended or in any way made or continued with an  organization
or  administrator  to receive, distribute and otherwise administer funds
for the pools specified in  section  eighteen  of  chapter  two  hundred
twenty-six of the laws of nineteen hundred eighty-six and sections three
thousand   two   hundred   thirty-three,  four  thousand  three  hundred
twenty-one-a and  four  thousand  three  hundred  twenty-seven  of  this
chapter, shall require such organization or pool administrator to submit
the  reports  required pursuant to section two hundred six of the public
health law at the time and in the format and manner  specified  in  such
section.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 309 - Examinations of Insurers; When Authorized or Required.

§  309. Examinations of insurers; when authorized or required. (a) The
superintendent may make an examination into the affairs of any insurance
corporation or other insurer doing or authorized  to  do  any  insurance
business  in  this  state  or, of any pension fund, retirement system or
other organization which is required by law to make reports  to,  or  is
subject  to  examination  by,  the  department  as  often as he deems it
expedient for the protection of the interests  of  the  people  of  this
state,  in  addition  to  examinations authorized by other provisions of
this chapter.
(b) The superintendent shall make an examination into the affairs:
(1) of every authorized domestic fraternal benefit society  and  every
domestic  property/casualty  insurance  company,  at least once in every
three years; except that the superintendent may extend  the  three  year
interval to not more than five years with respect to a property/casualty
insurance  company,  upon determining that the three year requirement is
not necessary to safeguard the interests of the public or policyholders;
(2) of every domestic life insurance company, at least once  in  every
five years; and
(3)  of every other authorized domestic insurer and every rate service
organization which makes or files rates, whether  or  not  advisory,  at
least once in every five years.
(c)  As  part  of  an  examination,  the  superintendent  shall review
determinations of coverage for  substance  use  disorder  treatment  and
shall  ensure  that  such  determinations  are issued in compliance with
sections three thousand two hundred sixteen, three thousand two  hundred
twenty-one,  four thousand three hundred three, and title one of article
forty-nine of this chapter.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 310 - Examinations; How Conducted.

§  310.  Examinations; how conducted. (a) (1) Whenever pursuant to any
provision of this chapter, the superintendent shall determine to examine
the affairs of any insurer or other  person,  he  shall  make  an  order
indicating the scope of the examination and may appoint as examiners one
or more persons not employed by any insurer or interested in any insurer
except  as  a  policyholder.  A  copy of such order shall upon demand be
exhibited to the insurer or person whose  affairs  are  to  be  examined
before the examination begins.
(2)  Any  examiner  authorized  by  the  superintendent shall be given
convenient access at all reasonable hours to the books, records,  files,
securities  and  other  documents  of  such  insurer  or  other  person,
including those of any affiliated or subsidiary companies thereof, which
are relevant to the examination, and  shall  have  power  to  administer
oaths  and to examine under oath any officer or agent of such insurer or
other person, and any other person having custody  or  control  of  such
documents, regarding any matter relevant to the examination.
(3)  The  officers  and  agents  of such insurer or other person shall
facilitate such examination and aid such  examiners  in  conducting  the
same so far as it is in their power to do so.
(4)  The  refusal  of  any  insurer  to submit to examination shall be
ground for revocation or refusal of a license or renewal license.
(5) The examiner or examiners in charge of such examination shall make
a true report of every examination made by them,  verified  under  oath,
which  shall  comprise  only facts appearing upon the books, records, or
other documents of such insurer or other person or as  ascertained  from
the  sworn testimony of its officers or agents or other persons examined
concerning its affairs, and such conclusions and recommendations as  may
reasonably be warranted from such facts.
(b)  In  connection  with  any such examination the superintendent may
appoint one or more competent persons as appraisers  with  authority  to
appraise  the  real property of such insurer or other person or any real
property on which it holds security. The report of such appraisers shall
be a supplement to the report of the examiner or  examiners  in  charge,
and  shall be subject to notice and hearing as provided in section three
hundred eleven of this article.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 311 - Filing of Report on Examination.

§  311.  Filing  of  report  on examination. (a) Except as hereinafter
provided the superintendent may withhold from public inspection for such
time as he deems proper any  report  on  examination  made  pursuant  to
section three hundred ten of this article.
(b)  (1)  Before  adopting  any  such  report and filing it for public
inspection, the superintendent shall notify the insurer or other  person
examined of its contents and shall afford such insurer or other person a
reasonable opportunity to obtain further details and to demand a hearing
with   reference   to  facts,  conclusions  or  recommendations  therein
contained.
(2) If a hearing is requested within ten days after the giving of such
notice, the superintendent shall give notice and a hearing in accordance
with the provisions of this article. Such hearing shall be  held  before
the superintendent or a deputy superintendent.
(c)  The  report  on  examination, with modifications thereof, if any,
shall be accepted by the superintendent and filed for public  inspection
within  six months after final hearing thereon and if he deems it in the
public interest to do so, he may publish any such report or any  excerpt
therefrom or summary thereof, in one or more newspapers in the state.
(d)  In any action or proceeding in the name of the people against the
insurer or other person examined, or any officer or agent thereof,  such
report,   if   adopted  by  the  superintendent  and  filed  for  public
inspection, shall be admissible in evidence  and  shall  be  presumptive
evidence of the facts stated therein.
(e)  Nothing  herein  contained shall preclude the superintendent from
instituting any proceeding under article seventy-four of this chapter at
any time or from using  as  proof  in  such  proceeding  any  report  on
examination or part thereof, whether or not such report has been adopted
and filed.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 312 - Report on Examination to Be Forwarded.

§  312.  Report on examination to be forwarded. (a) The superintendent
shall forward to every insurer or other person examined a  copy  of  the
report  on examination as filed for public inspection, together with any
recommendations or statements relating thereto which he may deem proper.
(b)  A copy of the report shall be furnished by such insurer or  other
person  to  each  member  of its board of directors and each such member
shall sign a statement which shall be retained in  the  insurer's  files
confirming  that  such  member  has  received and read such report.  The
superintendent may require that a copy  of  the  report  shall  also  be
furnished  by such insurer to the supervising insurance official of each
state in the United States in which such insurer is authorized to do  an
insurance business.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 314 - Public Retirement and Pension Systems.

§  314.  Public  retirement  and pension systems. (a) In this section,
"system" means an actuarily funded public retirement or  pension  system
of the state of New York or of a municipality thereof.
(b)  Notwithstanding  any  other provision of law to the contrary, the
superintendent shall have, in addition to  any  other  powers  conferred
upon him by law, the following authority with respect to any system:
(1)  to require the administrative head or trustees of a system as may
be appropriate to file an annual report pursuant to  the  provisions  of
section  three hundred seven of this article in such form and containing
such matters as the superintendent shall prescribe, and  to  respond  in
such  form  as the superintendent may require to any inquiry in relation
to transactions or condition of  the  system  or  any  matter  connected
therewith  pursuant  to the provisions of section three hundred eight of
this article;
(2) to promulgate and amend from time to time, after consultation with
the  administrative  heads  of  systems  and  after  a  public  hearing,
standards  with  respect to actuarial assumptions, accounting practices,
administrative  efficiency,  discharge  of  fiduciary  responsibilities,
investment policies and financial soundness; and
(3) to make an examination into the affairs of every system, including
compliance  with  the standards established pursuant to paragraph two of
this section, at least once in every five years in accordance  with  the
provisions of sections three hundred ten, three hundred eleven and three
hundred  twelve  of  this  article  and  to recover the expenses of such
examination from such  system  in  accordance  with  the  provisions  of
subsection (f) of section two hundred six of the financial services law.
A  copy  of  each  report  on examination as filed for public inspection
shall be forwarded to the governor, state  comptroller  and  legislature
and,  in the case of systems of the city of New York, to the mayor, city
comptroller and president of the city council.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 316 - Electronic Filings.

§  316. Electronic filings. Notwithstanding subdivision one of section
  three hundred five of the state technology law, the  superintendent  may
  promulgate  regulations  to require an insurer or other person or entity
  making a filing or submission with the superintendent pursuant  to  this
  chapter  to  submit  the  filing  or submission to the superintendent by
  electronic means. Should the superintendent require  that  a  filing  or
  submission  be  made  by electronic means, an insurer or other person or
  entity affected thereby may submit a request to the  superintendent  for
  an exemption from the electronic filing requirement upon a demonstration
  of  undue  hardship,  impracticability,  or  good  cause, subject to the
  approval of the superintendent.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 317 - Compliance With Reporting Requirements of the Financial Security Act.

§  317.  Compliance  with  reporting  requirements  of  the  financial
  security act. Insurers  licensed  to  write  personal  injury  liability
  insurance  in connection with the ownership, maintenance or use of motor
  vehicles, as authorized pursuant to paragraph thirteen of subsection (a)
  of section one thousand one hundred  thirteen  of  this  chapter,  shall
  fully  comply  with  the  reporting  requirements  of article six of the
  vehicle and traffic law. In the event that an insurer  fails  to  timely
  and  properly  report any of the information required by such article or
  the regulations  of  the  commissioner  of  motor  vehicles  promulgated
  thereunder,  the  superintendent,  upon  notice and an opportunity to be
  heard, is authorized to impose a fine on such insurer in an  amount  not
  to  exceed  five hundred dollars for each failure to timely and properly
  report. In the event of  a  persistent  and  willful  violation  of  the
  reporting   requirements,   the   superintendent,  upon  notice  and  an
  opportunity to be heard, is authorized to impose a fine on such insurer,
  in an amount not to exceed five thousand dollars per day  for  each  day
  such violation continues.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 318 - Reports of Fire Losses; Availability of Information.

§  318.  Reports  of  fire  losses;  availability  of information. (a)
Insurers shall report all fire losses in excess of five hundred  dollars
or such larger amount as prescribed by the superintendent, arising under
policies   covering   property  located  in  this  state  to  a  central
organization engaged in property loss registration, as designated by the
superintendent,  in  accordance  with  regulations  promulgated  by  the
superintendent.
(b)  The  information  contained  in such reports shall, in accordance
with such regulations, be available to law enforcement agencies, to  tax
districts  which  have, pursuant to the provisions of section twenty-two
of the general municipal law, filed with the superintendent a notice  of
intention  to  claim against the proceeds of a policy of fire insurance,
to the  office  of  fire  prevention  and  control  and  to  appropriate
governmental  agencies charged with the responsibility for demolition of
structures.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 321 - Medical Information Exchange Centers.

§   321.  Medical  information  exchange  centers.  (a)  Whenever  any
insurance company (which is a member of a medical  information  exchange
center  or  which otherwise may transmit medical information in whatever
manner to any other similar facility including but  not  limited  to  an
electronic  data  facility  used  by  two or more insurance companies to
determine or aid in determining the insurability of applicants) requests
medical information from any applicant for personal insurance, it  shall
not  transmit,  nor  be  considered  to  have  obtained  the applicant's
informed consent to transmit,  the  information  to  any  such  facility
unless   such   company  furnishes  such  applicant  with  a  clear  and
conspicuous notice disclosing:
(1) a description of such facility and its operations,  including  its
name,  address and telephone number where it may be contacted to request
disclosure of any medical information transmitted to it;
(2) the circumstances under  which  such  facility  may  release  such
medical information to other persons; and
(3)  such  applicant's  rights  to  request  such  facility to arrange
disclosure of the nature and substance of any information in  its  files
pertaining  to  him,  and  to  seek  correction  of  any inaccuracies or
incompleteness of such information.
(b) Such notice shall be given to all applicants when any  application
for personal insurance is completed.
(c)  No such facility shall release, transmit or otherwise communicate
any medical information it may have to  any  other  person  unless  such
other person shall have in its possession a written instrument signed by
the  person who is the subject of medical information (or by a parent or
guardian if such subject is a minor) specifically naming  such  facility
and  authorizing  such  other  person to obtain such medical information
from such facility.
(d) No such facility shall maintain information about HIV related test
results pertaining to  any  individual  unless  such  test  results  are
included  within a general code, which code is not designated solely for
HIV related test results, and concerning which code no  member  of  such
facility  may request from such facility details sufficient to determine
whether the code was used to maintain information about HIV related test
results.
For purposes of this subsection,  an  "HIV  related  test"  means  any
laboratory  test  or series of tests for any virus, antibody, antigen or
etiologic agent whatsoever thought to cause or to indicate the  presence
of AIDS.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 322 - Prohibited Referral Payment to Licensees by Motor Vehicle Repairers.

§  322.  Prohibited  referral  payment  to  licensees by motor vehicle
  repairers. No  licensed  insurance  agent,  licensed  insurance  broker,
  licensed  adjuster, authorized insurer or representative of such insurer
  shall directly or indirectly request, procure or accept any payment from
  a motor vehicle repairer for referring any motor vehicle repair business
  to such repairer.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 325 - Records of Domestic Insurers.

§  325.  Records  of domestic insurers. (a) Every domestic insurer and
every licensed United States branch of an alien insurer entered  through
this  state  shall, except as hereinafter provided, keep and maintain at
its principal office in this state its charter and by-laws (in the  case
of  a United States branch a copy thereof) and its books of account, and
if a domestic stock  corporation  a  record  containing  the  names  and
addresses  of  its  shareholders, the number and class of shares held by
each and the dates when they respectively became the  owners  of  record
thereof,  and  if  a domestic corporation the minutes of any meetings of
its shareholders,  policyholders,  board  of  directors  and  committees
thereof.  If any such records are kept in a language other than English,
they shall be accompanied by accurate translations thereof.
(b) A domestic insurer and a licensed United States branch of an alien
insurer entered through this state may keep and maintain  its  books  of
account  without this state if, in accordance with a plan adopted by its
board of directors and approved by the superintendent, it  maintains  in
this state suitable records in lieu thereof; provided, however, that the
superintendent  may  after  notice  and  hearing  direct such insurer to
return all or any of its books of account to this state if  such  return
is  reasonably  necessary to protect the interests of the people of this
state or to permit their inspection in  this  state  by  a  director,  a
shareholder,  or,  in  the case of a mutual insurer, a policyholder, who
has shown to the satisfaction of the superintendent that he has made  an
application  to  such insurer for inspection of such books in good faith
and for a necessary and legitimate purpose, and that  such  insurer  has
either declined to permit such inspection without this state or to agree
to  pay  any  additional  expenses  reasonably  to  be  incurred  by the
applicant or his agent or attorney in connection with the inspection  of
such  books  as  a result of their maintenance without this state. If in
the judgment of the superintendent delay in the return  of  any  or  all
books  of  account  of  such  insurer  may  be  hazardous,  or may cause
irreparable injury, to the people of this state or to the  policyholders
of  such  insurer  he  may  direct the return thereof without notice and
hearing.
(c) Notwithstanding the provisions of subsections (a) and (b) of  this
section,  any  licensed United States branch of an alien insurer entered
through this state which  keeps  and  maintains  its  books  of  account
without  this  state  on  April first, nineteen hundred eighty-seven may
continue to do so, unless the superintendent  determines,  after  notice
and  hearing,  that the return of such books to this state is reasonably
necessary to protect the interests of the people of this state.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 329 - Certificates as Evidence; Affirmation of Documents and Testimony.

§   329.  Certificates  as  evidence;  affirmation  of  documents  and
testimony. (a) Every certificate, assignment, conveyance or other  paper
executed  by  the  superintendent or one of his deputies pursuant to law
and sealed with the official seal of the department shall be received as
evidence in any judicial or other proceeding and may be recorded in  the
proper recording offices.
(b)  Any  charter, or any certificate or other instrument supplemental
to or amendatory of the charter, of an insurer filed in  the  office  of
the  superintendent  and  containing  statements  of  fact  required  or
permitted by law to be contained  therein,  shall  be  received  in  all
courts,  public  offices  and official bodies as prima facie evidence of
such facts and of the execution of such instrument.
(c) Whenever by the laws of any jurisdiction other  than  this  state,
any  certificate  by  any  officer in such jurisdiction or a copy of any
instruments certified  or  exemplified  by  any  such  officer,  may  be
received  as  prima  facie  evidence  of the incorporation, existence or
capacity of  any  corporation  incorporated  in  such  jurisdiction,  or
claiming  so  to  be, such certificate when exemplified, or such copy of
such instrument when exemplified shall be received in all courts, public
offices and official bodies of this state, as prima facie evidence  with
the  same  force  as in such jurisdiction. Such certificate or certified
copy of such instrument shall be so received, without being exemplified,
if it is certified by the secretary of state, or official performing the
equivalent function as to corporate records of such jurisdiction.
(d) Notwithstanding any provision of this chapter requiring an oath as
to the proof of a document or the truth of testimony, the  affiant  may,
if  his  religious beliefs cause him to object to giving an oath, affirm
the document or his testimony.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 330 - Rating Services Available to Other States.

§   330.   Rating   services   available  to  other  states.  (a)  The
superintendent shall have  authority  to  contract  with  the  insurance
supervisory  officials of other states to make available the services of
the rating and statistics sections of the department for the purpose  of
examining  and  reviewing  rate  filings made with such officials and to
render such other advisory assistance in connection  therewith  as  said
officials  may  request. The provisions of section one hundred twelve of
the state finance law shall be applicable to such contracts.
(b) All expenses, including the compensation of officers and employees
of the department made pursuant to any such contract, shall be  paid  in
the  first  instance out of the state treasury on the certificate of the
superintendent upon audit and warrant of the comptroller  and  shall  be
presented  in  the  form  of an itemized bill therefor to such insurance
supervisory officials.   The  state  treasury  shall  be  reimbursed  by
payments  thereto  by  the superintendent of amounts collected by him in
accordance with the provisions of this section.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 331 - Superintendent to Maintain Index of Tax Districts; Insurers' Requirements.

§  331.  Superintendent  to maintain index of tax districts; insurers'
requirements. (a) The superintendent shall maintain a suitable index  of
tax districts which, pursuant to the provisions of section twenty-two of
the  general municipal law, file with him a notice of intention to claim
against the proceeds of a policy of fire insurance insuring the interest
of an owner in any premises located therein against  which  a  lien,  as
defined by such section exists.
(b)  Such  index  shall  be kept current on a daily basis and shall be
available for public inspection during regular business hours. It  shall
contain such information as the superintendent deems appropriate.
(c)  Every  such  notice  received  by the superintendent shall become
effective on  the  date  of  entry  thereof  in  such  index  and  shall
constitute  constructive  notice  to  each insurer of the tax district's
claim against any proceeds payable pursuant to  the  provisions  of  any
insurance  policy  subject  to  the provisions of section three thousand
four hundred ten of this chapter.
(d) Upon a final determination of an insurer's obligation to  pay  any
proceeds  of  a  policy  of insurance for damages caused by fire to real
property, as such term is defined in section twenty-two of  the  general
municipal  law,  and prior to payment of such proceeds, each insurer or,
in the case of a policy purchased from an unauthorized insurer  pursuant
to  section  two thousand one hundred five of this chapter, each insurer
or its adjusting representative, shall notify the enforcing  officer  of
each  tax district in which the property is located and which is entered
in the index that a loss has been sustained and  demand  in  writing  by
registered  or certified mail that such officer's certificate indicating
the amount of all liens of the district against the property,  including
interest  and  penalties to the date of the certificate, be served, at a
specified address, in person or by registered or  certified  mail,  upon
the  insurer, or, in the case of a policy purchased from an unauthorized
insurer pursuant to section  two  thousand  one  hundred  five  of  this
chapter, upon the insurer or its adjusting representative, within twenty
days from the date of receipt of such demand.
(e) Upon the failure of the enforcing officer to serve the certificate
of  lien  in accordance with subsection (d) hereof, the right of the tax
district to claim against any such proceeds shall terminate.  Within ten
days of receipt of such certificate of lien the insurer shall pay to the
enforcing officer from  such  proceeds  the  amounts  specified  in  the
certificate.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 335 - Implementation of Hospital Reimbursement Methodology.

§  335.  Implementation  of  hospital  reimbursement  methodology. The
  superintendent shall have the power to prescribe rules  and  regulations
  governing   insurer   procedures   and  subscriber  contract  provisions
  necessary to implement a hospital reimbursement methodology  established
  in  accordance with the provisions of article twenty-eight of the public
  health law, and insurer procedures and  subscriber  contract  provisions
  necessary  to  implement  a  hospital inpatient discharge review program
  established in accordance with the provisions  of  section  twenty-eight
  hundred  three-i  of  the public health law, and to establish standards,
  criteria  and  procedures  for  evaluation  of  insurer  performance  in
  offering  contracts  for  hospital  and  medical  benefits  on  an  open
  enrollment basis necessary for a determination of the  hospital  payment
  rate  conversion  factor  in accordance with the provisions of paragraph
  (i) of subdivision eleven of section twenty-eight hundred seven-c of the
  public health law.
The  superintendent  shall  periodically  report  his   findings   and
  conclusions  to  the  commissioner  of  health  and  to the chairman and
  vice-chairman of the council on health care financing concerning insurer
  performance in offering contracts for hospital and medical  benefits  on
  an open enrollment basis.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 336 - War Risk Exclusion; Notification.

§  336.  War  risk  exclusion;  notification.  Prior to a life insurer
  commencing the issuance of life insurance  policies  which  contain  any
  provision that restricts or excludes payment of the life insurance death
  benefit  in  the  event  of  death  as  the result of war or the special
  hazards incident to service as defined  in  subsection  (c)  of  section
  three  thousand  two  hundred  three  of this chapter such insurer shall
  notify the superintendent specifying how, when, where and to which class
  of  persons  such  provision  will  apply  and  shall  also  notify  the
  superintendent  when it ceases issuing such policies. The superintendent
  shall make such information known to the public in such  manner  and  at
  such times as shall be determined by the superintendent.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 337 - Annual Consumer Guide on Automobile Insurance.

§  337.  Annual  consumer  guide  on  automobile  insurance.  (a)  The
superintendent shall issue and update, as necessary, a consumer guide on
private passenger automobile insurance that shall contain  comprehensive
information  written  in  plain  language  in a clear and understandable
format, including the following:
(1) an  annual  ranking  of  automobile  insurers:  (A)  including  an
analysis  of  private passenger insurers in the state which provides, in
detail, a ranking of such insurers from best  to  worst  based  on  each
insurer's  record  of  consumer complaints during the preceding calendar
year, using criteria available to the department, adjusted for volume of
insurance written; and (B) taking into consideration  the  corresponding
total  of  claims  improperly  denied  in  whole  or  in  part, consumer
complaints found to be  valid  in  whole  or  in  part,  and  any  other
pertinent   data  which  would  permit  the  department  to  objectively
determine an insurer's performance; and (C) the superintendent may note,
to the extent relevant, actions  taken  by  the  department  against  an
insurer for violating any law or regulation;
(2)  a  list  of makes and models of automobiles that generally do not
meet underwriting guidelines of automobile  insurers  or  in  regard  to
which  consumers  can  expect  to  pay higher premiums as a result of an
automobile's style, model type or other distinguishing features,  except
that  specific  insurers  shall  not  be identified for purposes of such
list;
(3) an explanation of all types of automobile  insurance  required  by
law  and available as optional coverage, including policyholders' rights
under these types of coverage and when making claims;
(4) an explanation of and information on the automobile insurance plan
established pursuant to article fifty-three of this  chapter,  including
how  motorists  in  such  plan  should  proceed  in attempting to obtain
insurance in the voluntary market;
(5) recommendations as to how best to shop  for  and  compare  prices,
service and quality of automobile insurance coverage;
(6)  an explanation of prohibited discriminatory practices applying to
insurance companies, agents and brokers; and
(7) a department toll free consumer hot-line through  which  consumers
may   initiate   complaints,  and  request  general  information,  about
automobile insurance.
(b) The requirements set forth in subsection (a) of this  section  may
be satisfied by separate or supplemental publications and updates.
(c)  The  superintendent  shall  post the consumer guide on automobile
insurance on the department's website.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 339 - Colorectal Cancer Screening Notification.

§  339.  Colorectal  cancer screening notification. The superintendent
  shall require  an  insurer  authorized  to  write  accident  and  health
  insurance  in  this  state,  a corporation organized pursuant to article
  forty-three of this  chapter,  and  a  health  maintenance  organization
  certified  pursuant  to  article  forty-four of the public health law to
  notify insureds and enrollees at least  annually  of  colorectal  cancer
  screenings  covered  by  such  insureds'  or enrollees' health insurance
  policy or contract, and of the most recently published guidelines of the
  American Cancer  Society  for  colorectal  cancer  screenings  that  are
  covered  by  such  insureds'  or  enrollees'  health insurance policy or
  contract. The notice shall be delivered by  United  States  postal  mail
  unless   the   insured   or  enrollee  consents  to  another  method  of
  notification, including electronic notification.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 340 - Report of Claims That May Result in a Monetary Award.

§  340.  Report  of  claims  that  may result in a monetary award. (a)
Definition; for the purposes of this section:
"Central reporting organization" shall mean any entity which  receives
from,  assimilates  or  disseminates  information  to  insurers  or  the
department of social services regarding bodily  injury,  wrongful  death
and death benefits.
(b)  Insurers  shall  report  within  a reasonable period of time to a
central reporting organization of its  choosing  all  claims  filed  for
bodily  injury, wrongful death and death benefits under any policy which
provides coverage for liability for injury to person, except claims  for
medical  malpractice,  workers'  compensation or other similar insurance
required by law, and comprehensive motor vehicle  insurance  reparations
benefits.   The central reporting organization shall in turn report this
information to the department of social services.
(c) An insurer shall be deemed to  be in compliance with this  section
if  such  information was reported within a reasonable period of time to
the central reporting organization with which the insurer contracts.
(d) In the absence of fraud or bad faith for failure to make  or  file
any  report  pursuant to this section, no person subject to this section
or acting under authority of this section  shall  be  subject  to  civil
liability,  and no civil cause of action shall arise against such person
for the furnishing of any information pursuant to this section.  Nothing
herein shall abrogate or  modify  in  any  way  an  immunity  privilege,
provided in statute or by common law.
(e)  No  person  making  any  report pursuant to this section shall be
compelled to provide such information, or any  report  thereof,  to  the
superintendent.
(f)  Insurers  or  central reporting organizations complying with this
section shall have immunity in accordance  with  provisions  of  section
50.20 of the criminal procedure law.
(g) Personally identifying information about applicants and recipients
of  public assistance obtained through the establishment or operation of
any reporting program established by this section by the  department  of
social  services,  social services districts or by a contractor shall be
kept confidential in accordance with section one hundred  thirty-six  of
the  social services law and the regulations of the department of social
services.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 341 - Notification Regarding Qualified Health Insurance Plans.

§ 341. Notification regarding qualified health insurance plans. Within
  fifteen  days  of the effective date of this section, the superintendent
  shall notify the centers for Medicare and  Medicaid  services  that  New
  York  state  elects  to  have  policies issued pursuant to sections four
  thousand  three  hundred  twenty-one,  four   thousand   three   hundred
  twenty-two and four thousand three hundred twenty-six of this chapter as
  "qualified  health  insurance"  for  the purpose of assistance under the
  federal Trade Adjustment Assistance Reform Act of 2002.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 342 - Public Awareness to Finance Long Term Care.

§  342.  Public  awareness  to finance long term care. The department,
  department of health, office for the aging and  department  of  taxation
  and finance may jointly establish and conduct a public awareness program
  on  the  availability and coverage provided by life insurance and health
  insurance plans for long term care, and the provisions  of  various  tax
  credits therefor.
2023 New York Laws › ISC - Insurance › Article 3 - Administrative and Procedural Provisions › 344 - Mental Health and Substance Use Disorder Parity Compliance Programs.

§  344.  Mental  health  and  substance use disorder parity compliance
  programs. Penalties collected for violations of section  three  thousand
  two  hundred  sixteen,  three  thousand  two hundred twenty-one and four
  thousand three hundred three of this chapter related  to  mental  health
  and  substance  use  disorder  parity compliance shall be deposited in a
  fund established pursuant to section ninety-nine-hh of the state finance
  law.