reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.4 - Tax credits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				aggregate maximum amount of tax credits permitted under section 1511 (k)  of the Tax Law
				shall be $100 million ($50 million scheduled for utilization beginning in 1999
				and $50 million scheduled for utilization beginning in 2000).
(1) The $50 million tax credits scheduled for
				utilization beginning in 1999 may be allocated among and vested in certified
				investors beginning in 1998 as provided in section
				400.5 
				of this Part.
(2) The $50 million
				tax credits scheduled for utilization beginning in 2000 may be allocated among
				and vested in certified investors beginning on June 15, 1998, as provided in
				section
				400.5 
				of this Part. A separate request for allocation of such tax credits must be
				submitted by the certified capital company. Such request may be submitted on or
				after June 1, 1998.
(3) Any portion
				of the $50 million tax credits scheduled for utilization beginning in 1999
				which remains unallocated as of year-end 1999 shall be added to the $50 million
				tax credits scheduled for utilization beginning in 2000.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.6 - Qualified investment levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certified capital company, in order to
				continue its certification pursuant to section 11 (c)  of the Tax Law, shall
				abide by the investment schedule contained in section 11(c)(1). In the event
				that the certified capital company fails to abide by the investment schedule
				contained in section 11(c)(1), the certified capital company shall be subject
				to decertification and the certified investor shall, pursuant to section 1511 (k)(5)  of the Tax Law,
				be subject to disallowance and recapture of the credit allowed under section
				1511(k)(1). If a certified capital company's certification from a certified
				capital company program is revoked on the grounds set forth in section 11 (f)  of the Tax Law before
				the later of (i) the third anniversary of the certified capital company's
				certification date, or (ii) the date on which the certified capital company
				satisfies the requirements of section 11 (c)(1)(C)  of the Tax Law,
				there shall be disallowance of 100 percent of the credit allowed under section 1511 (k)(1)  of the Tax Law
				with respect to such certified capital company program and the recapture of any
				portion of such credit that was previously taken.
(b) Once a certified capital company has
				attained the investment level required by section 11(e)(5), the certified
				capital company shall file with the superintendent an audited financial
				statement, within 90 days of the close of the fiscal year in which it has met
				such investment level, which shall contain information sufficient to enable the
				superintendent to verify attainment of such investment level. The
				superintendent shall conduct a review of the certified capital company, at its
				expense, to verify attainment of such investment level. Upon the
				superintendent's determination that such investment level has been met and the
				certified capital company has met all the other requirements under section
				11(e), the certified capital company shall no longer be subject to regulation
				by the superintendent and shall no longer be subject to the requirements of
				section 11 (c)  of the Tax Law with
				respect to such program. The certified capital company shall remain subject to
				section
				400.10 
				of this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.7 - Limitations on investments in certified capital companies by insurers

Current through Register Vol. 46, No. 28, July 10, 2024
Any investment of certified capital by an insurer in a
				  certified capital company shall be subject to those provisions of article 14 of
				  the Insurance Law which are applicable to the particular type of insurer making
				  the investment.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.8 - Cost of annual review

Current through Register Vol. 46, No. 28, July 10, 2024
The expense of each annual review required pursuant to
				  section 11 (e)  of the Tax Law shall
				  be borne and paid by the certified capital company. The cost of the annual
				  review shall consist of all actual expenses incurred, including reimbursement
				  for the compensation paid for the services of the persons employed or
				  contracted by the superintendent to make such review.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.9 - Annual certification fee

Current through Register Vol. 46, No. 28, July 10, 2024
On or before April 1st of each year, each certified capital
				  company shall pay an annual, non- refundable certification fee of $500 to the
				  superintendent, provided that no such fee shall be required within six months
				  of the initial certification date of a certified capital
				  company.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.10 - Reports to the governor and legislature

Current through Register Vol. 46, No. 28, July 10, 2024
In preparation for the report which the superintendent is
				  required to make beginning in the year 2000, pursuant to section 11 (j)  of the Tax Law, to the
				  Governor, the Temporary President of the Senate, and the Speaker of the
				  Assembly, the following information shall be maintained on a calendar year
				  basis in a readily accessible form by the certified capital company and shall
				  be reported to the superintendent upon request, in the form specified by the
				  superintendent:
(a) whether the
				certified capital company is holding certified capital;
(b) the amount of certified capital invested
				in the certified capital company;
(c) the cumulative amount that the certified
				capital company has invested as of January 1st of the year 2000 and the
				cumulative total each year thereafter;
(d) the total amount of tax credits granted
				under section 11 each year that credits have been awarded under section 11 and section 1511 (k)  of the Tax
				Law;
(e) the performance of the
				certified capital company with regard to the requirements for recertification
				set forth in section 11(c);
(f) the
				classification of companies in which the certified capital company has invested
				according to industrial sector and size of company; and
(g) the total number of jobs created by
				investments made by the certified capital company using certified
				capital.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVII - Certified Capital Companies Under Section 11 Of The Tax Law › Part 400 - Certified Capital Companies Under Section 11 Of The Tax Law › Section 400.11 - Exception from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Documents and other materials submitted by certified capital companies or by
				businesses for purposes of the continuance of certification shall not be public
				records if such records are determined by the superintendent to be trade or
				business secrets and shall be maintained in a confidential manner by the
				superintendent.
(b) If a certified
				capital company or any other business submitting information under this Part
				deems any information to be trade or business secrets or which if disclosed
				would cause substantial injury to the competitive position of the certified
				capital company or the other business, it may, at the time the information is
				submitted to the department, request that the department except such
				information from disclosure. Such request shall be determined in accordance
				with the procedures set forth in section 89 (5)  of the Public Officers
				Law and Part 241 of this Title.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.1 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
Insureds, and in the case of a retrospective adverse
				  determination, an insured's health care provider shall have the right to
				  request an external appeal of a final adverse determination which is made by a
				  health care plan on the grounds that the health care service is not medically
				  necessary or is experimental or investigational. This Part shall be applicable
				  to health care plans as defined in subdivision d-5 of section 4900  of
				  the Insurance Law and to external appeal agents certified pursuant to title II
				  of article 49 of the Insurance Law and Public Health Law and this Part and to
				  applicants for certification as external appeal agents.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words or terms shall have the following
				  meanings when used in this Part:
(a)
				Attending physician means, for the purpose of requesting an external appeal of
				an experimental or investigational treatment or service, a licensed,
				board-certified or board-eligible physician who is qualified to practice in the
				area of medicine or in the specialty appropriate to treat an insured's
				life-threatening or disabling condition or disease who has recommended a
				service or treatment that is the subject of a request for external
				appeal.
(b) Commissioner means the
				Commissioner of Health of the State of New York.
(c) Confidential HIV related information
				means any information in the possession of a person who provides one or more
				health or social services or who obtains the information pursuant to a release
				of confidential HIV related information, concerning whether an individual has
				been the subject of an HIV related test, or has HIV infection, HIV related
				illness or AIDS, or information which identifies or reasonably could identify
				an individual as having one or more of such conditions, including information
				pertaining to such individual's contacts.
(d) Final adverse determination means an
				adverse determination which has been upheld by a utilization review agent with
				respect to a proposed health care service following a standard appeal, or an
				expedited appeal where applicable, pursuant to section 4904  of the Insurance Law. If a health care
				plan offers two levels of internal appeals, a final adverse determination shall
				mean the adverse determination of the first level appeal.
(e) Material familial affiliation means any
				relationship as a spouse, child, parent, sibling, spouse's parent, spouse's
				child, child's parent, child's spouse or sibling's spouse.
(f) Material financial affiliation means any
				financial interest of more than five percent of total annual revenue or total
				annual income of a certified external appeal agent or officer, director, or
				management employee thereof; or clinical peer reviewer employed or engaged
				thereby to conduct any external appeal. The term material financial affiliation
				shall not include revenue received from a health care plan by:
(1) a certified external appeal agent to
				conduct an external appeal pursuant to section 4914 of title II of article 49
				of the Insurance Law and Public Health Law; or
(2) a clinical peer reviewer for health care
				services rendered to insureds.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.4 - Certification of external appeal agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) External appeal agents shall be certified
				jointly by the superintendent and commissioner pursuant to section 4912  of the Insurance Law, section 4912  of the Public Health Law and the
				following:
(1) the applicant has demonstrated
				to the satisfaction of the superintendent and the commissioner that it has
				access to a pool of clinical peer reviewers sufficient to reasonably assure
				that appropriately qualified reviewers will be available on a timely basis for
				all appeals allowed by section 4910  of the Insurance Law and section 4910  of the Public Health Law and to avoid
				or minimize conflicts of interest pursuant to section
				410.6  of
				this Part; and
(2) the applicant
				has demonstrated its capability to comply with all applicable laws, rules,
				regulations, contractual terms, policies and standards as set forth in section 4912  of the Insurance Law and section 4912  of the Public Health Law and as
				required by the superintendent and commissioner.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.5 - Certification requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for certification as external appeal agents shall
				  be required to submit a signed and notarized application to the commissioner,
				  in the form and manner prescribed jointly by the superintendent and the
				  commissioner. Such application shall include the requirements of section 4912  of the Insurance Law and Public Health
				  Law and the following:
(a) A
				description of the applicant's organizational structure and capability to
				operate a statewide external appeal program, including:
(1) certificate of incorporation, articles of
				organization and bylaws or operating agreement of the applicant and, as
				applicable, the applicant's holding company or parent company;
(2) the applicant's organizational chart;
				and
(3) any existing or proposed
				relationships between the applicant and any health care services entities,
				health care providers and management service organizations. A certified
				external appeal agent shall not delegate any management function related to
				external appeal activities pursuant to title II of article 49 of the Insurance
				Law and Public Health Law to a management service organization or any other
				entity.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.6 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				entity shall be qualified for certification as an external appeal agent if it
				owns or controls, is owned or controlled by, or exercises common control with
				any of the following:
(1) any national, State
				or local illness, health benefit or public advocacy group;
(2) any national, State or local society or
				association of hospitals, physicians, or other providers of health care
				services; or
(3) any national,
				State or local association of health care plans.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.8 - Random assignment of external appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for external appeals that have been determined to be
				  eligible for external appeal shall be randomly assigned by the superintendent
				  to a certified external appeal agent according to a process prescribed by the
				  superintendent and commissioner. Such process must take into account conflicts
				  of interest pursuant to section 4913  of the Insurance Law and Public Health
				  Law and section
				  410.6  of
				  this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.10 - Responsibilities of certified external appeal agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 24 hours of receiving assignment
				from the superintendent of a request for external appeal, certified external
				appeal agents shall send notification of such assignment to the insured
				requesting an external appeal or on whose behalf an external appeal is
				requested, the insured's health care plan, the attending physician, as
				applicable, and, in the case of a provider initiated appeal of a retrospective
				adverse determination, the insured's health care provider. The certified
				external appeal agent shall include in such notification:
(1) a request for any additional
				documentation that may be available to support the appeal;
(2) the address to which any required or
				additional documentation should be sent;
(3) whether the appeal is a standard or
				expedited appeal; and
(4) for
				purposes of notifying the insured's health care plan, as applicable, copies of
				the documents relied upon by the insured's attending physician to establish
				medical and scientific evidence that the recommended health care service is
				likely to be more beneficial to the insured than any covered standard health
				care service or procedure.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.11 - Insured rights and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Insureds shall be responsible for:
(1) exhausting the health care plan's
				internal appeal process under section 4904  of the Insurance Law, provided
				however, that if a health care plan has two levels of internal appeals, the
				insured must only exhaust the first level of appeal. In the alternative, the
				insured and the insured's health care plan may jointly agree to waive the
				internal appeal process;
(2)
				ensuring that requests for external appeals are filed and completed within the
				time frames provided for in paragraph (4) of this subdivision, except in the
				case of transmittal of medical and treatment records, which shall be the
				responsibility of the insured's health care plan;
(3) as applicable, providing the attending
				physician with the documents necessary to complete the physician attestation
				component of the external appeal request, and, as necessary, providing evidence
				to the superintendent that such has occurred; and
(4) ensuring that, to the extent possible,
				all supporting documentation, including but not limited to diagnostic test
				results and medical literature, is submitted to the assigned certified external
				appeal agent within the earlier of:
(i) 45
				days from the date of the insured's receipt of a final adverse determination
				notice or within 45 days of receiving a letter from the health care plan
				affirming that both the insured and the insured's health care plan jointly
				agreed to waive the internal appeal process; or
(ii) prior to the date the external appeal
				determination is finalized by the certified external appeal agent;
				and
(5) responding to
				the superintendent's request for information concerning an incomplete external
				appeal request in a timely manner.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.12 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No health care
				plan may share an insured's medical and treatment records or any other
				confidential information, including HIV related and mental health related
				information, with a certified external appeal agent or a clinical peer reviewer
				designated by such certified external appeal agent unless the insured, or a
				person authorized pursuant to law to consent to health care for the insured,
				has signed a specific release of information for HIV, mental health and drug
				and alcohol abuse or otherwise appropriate release in a manner and in such form
				as prescribed by the superintendent and commissioner in accordance with section 2782  of the Public Health Law for
				confidential HIV related information and sections 33.13 and
				33.16  of the Mental Hygiene Law for mental
				health related information and as required by any applicable Federal law or
				regulation.
(b) No certified
				external appeal agent or clinical peer reviewer designated by such certified
				external appeal agent shall, except as specifically authorized by an
				appropriate release signed by the insured or by a person authorized pursuant to
				law to consent to health care for the insured, divulge confidential medical and
				treatment information or other information obtained through the review of an
				external appeal to any individual or group except the certified external appeal
				agent to whom the appeal was assigned and, as necessary, the superintendent and
				commissioner.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XVIII - External Appeals Of Adverse Determinations Of Health Care Plans › Part 410 - External Appeals Of Adverse Determinations Of Health Care Plans › Section 410.13 - Audits and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent or commissioner or their representative(s) may examine at any
				time each certified external appeal agent, including any entities under
				contract with the certified external appeal agent for the purpose of carrying
				out the requirements of title II of article 49 of the Insurance Law or title II
				of article 49 of the Public Health Law and this Part, as to compliance with
				such requirements and the quality of services offered.
(b) All external appeal case records shall be
				subject to audit and examination for a period of six years from the date of the
				certified external appeal agent's final determination on the appeal. All
				documentation relating to the case shall be kept and maintained by the
				certified external appeal agent for no less than six years from the date of the
				certified external appeal agent's final determination on the appeal. Such
				documentation shall include, but not be limited to:
(1) procedures for credentialing clinical
				peer reviewers;
(2) procedures for
				selecting clinical peer reviewers for the case, including procedures for
				ensuring the absence of any prohibited material affiliation relative to
				clinical peer reviewers;
(3)
				insured's medical and treatment records;
(4) any other documentation received by the
				certified external appeal agent relative to the case;
(5) notes, comments and determinations of
				each clinical peer reviewer assigned to the case;
(6) written justification when more than
				three clinical peer reviewers are assigned to a particular case;
(7) letter of notification to the insured and
				the insured's health care plan and, as applicable, the insured's health care
				provider of the final determination;
(8) the names and qualifications of the
				clinical peer reviewer(s) that reviewed the external appeal; and
(9) a signed and notarized attestation from
				each clinical peer reviewer assigned to an external appeal that no prohibited
				material affiliation exists with respect to such external appeal.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › General Provisions › Section 420.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose.
				  This Part governs the treatment of nonpublic personal information about
				  individuals (defined in this Part as consumers or customers) in this State by
				  all licensees of the Insurance Department. This Part:
(1) requires a licensee to provide notice to
				  individuals about its privacy policies and practices;
(2) describes the conditions under which a
				  licensee may disclose nonpublic personal health information and nonpublic
				  personal financial information about individuals to nonaffiliated third
				  parties;
(3) provides methods for
				  individuals to prevent a licensee from disclosing that information;
				  and
(4) provides a method for
				  individuals to prevent a licensee from disclosing nonpublic personal health
				  information by not affirmatively consenting to such disclosure, subject to the
				  exceptions in section
				  420.17(b) 
				  of this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › General Provisions › Section 420.2 - Rule of construction

Current through Register Vol. 46, No. 28, July 10, 2024
The examples in this Part and the sample clauses in
					 Appendix A of this Part (see section
					 420.25 
					 of this Part) are not exclusive. Compliance with an example or use of a sample
					 clause, to the extent applicable, constitutes compliance with this
					 Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › General Provisions › Section 420.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context requires
					 otherwise:
(a)
Affiliate
means any company that controls, is controlled by,
				  or is under common control with another company.
(b)
(1)
Clear and conspicuous
means that a notice is reasonably
				  understandable and designed to call attention to the nature and significance of
				  the information in the notice.
(2)
				  Examples.
(i) Reasonably understandable. A
				  licensee makes its notice reasonably understandable if it:
(a) presents the information contained in the
				  notice in clear, concise sentences, paragraphs and sections;
(b) uses short explanatory sentences or
				  bullet lists whenever possible;
(c)
				  uses definite, concrete, everyday words and active voice whenever
				  possible;
(d) avoids multiple
				  negatives;
(e) avoids legal and
				  highly technical business terminology whenever possible; and
(f) avoids explanations that are imprecise
				  and readily subject to different interpretations.
(ii) Designed to call attention. A licensee
				  designs its notice to call attention to the nature and significance of the
				  information in it if the licensee:
(a) uses a
				  plain-language heading to call attention to the notice;
(b) uses a typeface and type size that are
				  easy to read;
(c) provides wide
				  margins and ample line spacing;
(d)
				  uses boldface or italics for key words; and
(e) in a form that combines the licensee's
				  notice with other information, uses distinctive type size, style, and graphic
				  devices, such as shading or sidebars.
(iii) Notices on web sites. If a licensee
				  provides a notice on a web page, the licensee designs its notice to call
				  attention to the nature and significance of the information in it if the
				  licensee uses text or visual cues to encourage scrolling down the page if
				  necessary to view the entire notice and ensure that other elements on the web
				  site (such as text, graphics, hyperlinks, or sound) do not distract attention
				  from the notice, and the licensee either:
(a)
				  places the notice on a web page that consumers frequently access, such as a
				  homepage or a page on which transactions are conducted; or
(b) places a link on a web page that
				  consumers frequently access, such as a homepage or a page on which transactions
				  are conducted, that connects directly to the notice and is labeled
				  appropriately to convey the importance, nature, and relevance of the
				  notice.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.4 - Initial privacy notice to consumers required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial notice requirement. A licensee
				  shall provide a clear and conspicuous notice that accurately reflects the
				  licensee's privacy policies and practices to:
(1) customer--an individual who becomes a
				  licensee's customer, not later than when the licensee establishes a customer
				  relationship, except as provided in subdivision (e) of this section;
				  and
(2) consumer--a consumer,
				  before a licensee discloses any nonpublic personal financial information about
				  the consumer to any nonaffiliated third party, if a licensee makes such a
				  disclosure other than as authorized by sections
				  420.14
				  and
				  420.15 
				  of this Part.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.5 - Annual privacy notice to customers required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  General rule. Except as provided in subdivision (b) of this section, a licensee
				  shall provide a clear and conspicuous notice to customers that accurately
				  reflects its privacy policies and practices not less than annually during the
				  continuation of the customer relations hip. Annually means at least once in any
				  period of 12 consecutive months during which that relationship exists. A
				  licensee may define the 12-consecutive-month period, but the licensee shall
				  apply it to the customer on a consistent basis.
(2) Example. A licensee provides a notice
				  annually if it defines the 12-consecutive-month period as a calendar year and
				  provides the annual notice to the customer once in each calendar year following
				  the calendar year in which the licensee provided the initial notice. For
				  example, if a customer buys an insurance policy on any day of year one, then
				  the licensee shall provide an annual notice to that customer by December 31 of
				  year two, but thereafter, shall provide each subsequent annual notice within 12
				  calendar months of the prior annual notice.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.6 - Information to be included in privacy notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule. The initial, annual, and
				  revised privacy notices that a licensee provides under sections
				  420.4,
				  420.5
				  and
				  420.8  of
				  this Part shall include each of the following items of information that applies
				  to the licensee and to the consumers to whom the licensee sends its privacy
				  notice, in addition to any other information the licensee wishes to provide:
(1) the categories of nonpublic personal
				  financial information that the licensee collects;
(2) the categories of nonpublic personal
				  financial information that the licensee discloses;
(3) the categories of affiliates and
				  nonaffiliated third parties to whom the licensee discloses nonpublic personal
				  financial information, other than those parties to whom the licensee discloses
				  information under section
				  420.14
				  or
				  420.15 
				  of this Part;
(4) the categories of
				  nonpublic personal financial information about the licensee's former customers
				  that the licensee discloses and the categories of affiliates and nonaffiliated
				  third parties to whom the licensee discloses nonpublic personal financial
				  information about the licensee's former customers, other than those parties to
				  whom the licensee discloses information under section
				  420.14
				  or
				  420.15 
				  of this Part;
(5) if a licensee
				  discloses nonpublic personal financial information to a nonaffiliated third
				  party under section
				  420.13 
				  of this Part (and no other exception in section
				  420.14
				  or
				  420.15 
				  of this Part applies to that disclosure), a separate description of the
				  categories of information the licensee discloses and the categories of third
				  parties with whom the licensee has contracted;
(6) an explanation of the consumer's right
				  under section
				  420.10(a) 
				  of this Part to opt out of the disclosure of nonpublic personal financial
				  information to nonaffiliated third parties, including the methods by which the
				  consumer may exercise that right at that time;
(7) any disclosures that the licensee makes
				  under section 603(d)(2)(A)(iii) of the Federal Fair Credit Reporting Act (15 U.S.C.
				  1681 a [d][2][A][iii]) (that is, notices
				  regarding the ability to opt out of disclosures of information among
				  affiliates);
(8) the licensee's
				  policies and practices with respect to protecting the confidentiality and
				  security of nonpublic personal information; and
(9) any disclosure that the licensee makes
				  under subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.7 - Form of opt out notice to consumers and opt out methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Form of opt out notice. If a licensee is required to provide an opt out notice
				  under section
				  420.10(a) 
				  of this Part, the licensee shall provide a clear and conspicuous notice to each
				  of its consumers that accurately explains the right to opt out under that
				  section. The notice shall state:
(i) that the
				  licensee discloses or reserves the right to disclose nonpublic personal
				  financial information about its consumer to a nonaffiliated third
				  party;
(ii) that the consumer has
				  the right to opt out of that disclosure; and
(iii) a reasonable means by which the
				  consumer may exercise the opt out right.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.8 - Revised privacy notices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  rule. Except as otherwise authorized in this Part, a licensee shall not,
				  directly or through any affiliate, disclose any nonpublic personal financial
				  information about a consumer to a nonaffiliated third party, other than as
				  described in the initial notice that the licensee provided to that consumer
				  under section
				  420.4 
				  of this Part, unless:
(1) the licensee has
				  provided to the consumer a clear and conspicuous revised notice that accurately
				  describes the licensee's policies and practices;
(2) the licensee has provided to the consumer
				  a new opt out notice;
(3) the
				  licensee has given the consumer a reasonable opportunity, before the licensee
				  discloses the information to the nonaffiliated third party, to opt out of the
				  disclosure; and
(4) the consumer
				  does not opt out.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Privacy and Opt Out Notices for Financial Information › Section 420.9 - Delivery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) How to provide
				  notices. A licensee shall provide any notices that this Part requires so that
				  each consumer can reasonably be expected to receive actual notice in writing
				  or, if the consumer agrees, electronically. A licensee may provide any and all
				  privacy and opt out notices, including short-form initial notices through an
				  affiliate or agent, but remains responsible for compliance with this
				  Part.
(b)
(1) Examples of reasonable expectation of
				  actual notice. A licensee may reasonably expect that a consumer will receive
				  actual notice if the licensee:
(i)
				  hand-delivers a printed copy of the notice to the consumer;
(ii) mails a printed copy of the notice to
				  the last known address of the consumer separately, or in a policy, billing or
				  other written communication;
(iii)
				  for a consumer who conducts transactions electronically, clearly and
				  conspicuously posts the notice on the electronic site and requires the consumer
				  to acknowledge receipt of the notice as a necessary step to obtaining a
				  particular insurance product or service;
(iv) for the consumer who consents to
				  receiving such notices electronically, electronically mails a copy of the
				  notice, return receipt, to the consumer's electronic mail address; or
(v) for an isolated transaction with a
				  consumer, such as the licensee providing an insurance quote or selling the
				  consumer travel insurance, provides or posts the notice and requires the
				  consumer to acknowledge receipt of the notice as a necessary step to obtaining
				  the particular insurance product or service.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Limits on Disclosure of Financial Information › Section 420.10 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Conditions for disclosure. Except as
				  otherwise authorized in this Part, a licensee may not, directly or through any
				  affiliate, disclose any nonpublic personal financial information about a
				  consumer to a nonaffiliated third party unless:
(i) the licensee has provided to the consumer
				  an initial notice as required under section
				  420.4 
				  of this Part;
(ii) the licensee has
				  provided to the consumer an opt out notice as required in section
				  420.7 
				  of this Part;
(iii) the licensee
				  has given the consumer a reasonable opportunity, before the licensee discloses
				  the information to the nonaffiliated third party, to opt out of the disclosure;
				  and
(iv) the consumer does not opt
				  out.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Limits on Disclosure of Financial Information › Section 420.11 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Information a licensee receives under an
				  exception. If a licensee receives nonpublic personal financial information from
				  a nonaffiliated financial institution under an exception in section
				  420.14
				  or
				  420.15 
				  of this Part, the licensee's disclosure and use of that information is limited
				  as follows:
(i) the licensee may disclose the
				  information to the affiliates of the financial institution from which the
				  licensee received the information;
(ii) the licensee may disclose the
				  information to its affiliates, but the affiliates may, in turn, disclose and
				  use the information only to the extent that the licensee may disclose and use
				  the information; and
(iii) the
				  licensee may disclose and use the information pursuant to an exception in
				  section
				  420.14
				  or
				  420.15 
				  of this Part, in the ordinary course of business to carry out the activity
				  covered by the exception under which the licensee received the
				  information.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Limits on Disclosure of Financial Information › Section 420.12 - Limits on sharing policy number information for marketing purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  prohibition on disclosure of policy numbers. A licensee shall not, directly or
				  through an affiliate, disclose, other than to a consumer reporting agency, a
				  policy number or similar form of access number or access code for a consumer's
				  policy or transaction account to any nonaffiliated third party for use in
				  telemarketing, direct mail marketing or other marketing through electronic mail
				  to the consumer.
(b) Exceptions.
				  Subdivision (a) of this section does not apply if the licensee discloses a
				  policy number or similar form of access number or access code:
(1) to the licensee's agent or service
				  provider solely in order to perform marketing for the licensee's own products
				  or services, as long as the agent or service provider is not authorized to
				  directly initiate charges to the account;
(2) to a licensee who is a producer solely in
				  order to perform marketing for the licensee's own products or services;
				  or
(3) to a participant in an
				  affinity or similar program where the participants in the program are
				  identified to the customer when the customer enters into the program.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Exceptions to Limits on Disclosure of Financial Information › Section 420.13 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule.
(1) The opt out requirements in sections
				  420.7
				  and
				  420.10 
				  of this Part do not apply when a licensee provides nonpublic personal financial
				  information to a nonaffiliated third party to perform services for the licensee
				  or functions on the licensee's behalf, if the licensee:
(i) provides the initial notice in accordance
				  with section
				  420.4 
				  of this Part; and
(ii) enters into
				  a contractual agreement with the third party that prohibits the third party
				  from disclosing or using the information other than to carry out the purposes
				  for which the licensee disclosed the information, including use under an
				  exception in section
				  420.14
				  or
				  420.15 
				  of this Part in the ordinary course of business to carry out those
				  purposes.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Exceptions to Limits on Disclosure of Financial Information › Section 420.14 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exceptions for
				  processing transactions at consumer's request. The requirements for initial
				  notice to the consumer in section
				  420.4(a)(2) 
				  of this Part, and the opt out provisions in sections
				  420.7
				  and
				  420.10 
				  of this Part and their application to service providers and joint marketing as
				  described in section
				  420.13 
				  of this Part, do not apply if the licensee discloses nonpublic personal
				  financial information as necessary to effect, administer, or enforce a
				  transaction that a consumer requests or authorizes, or in connection with:
(1) servicing or processing an insurance
				  product or service that a consumer requests or authorizes;
(2) maintaining or servicing the consumer's
				  account with the licensee, or with another entity as part of a private label
				  credit card program or other extension of credit on behalf of such
				  entity;
(3) a proposed or actual
				  securitization, secondary market sale (including sales of servicing rights), or
				  similar transaction related to a transaction of the consumer;
(4) reinsurance or stop loss or excess loss
				  insurance; or
(5) the solicitation
				  of insurance quotes on behalf of a consumer by an insurance agent or
				  broker.
New York Codes, Rules and Regulations › Title 11 - INSURANCE › Chapter XIX - Privacy Of Consumer Financial and health Information › Part 420 - Privacy Of Consumer Financial And Health Information › Exceptions to Limits on Disclosure of Financial Information › Section 420.16 - Nondiscrimination regarding opting out

Current through Register Vol. 46, No. 28, July 10, 2024
A licensee shall not unfairly discriminate against any
					 consumer or customer because that consumer or customer has opted out from the
					 disclosure of his or her nonpublic personal financial information pursuant to
					 the provisions of this Part.