2006 New York Code - Medicare Supplemental Insurance Policies.

 
    § 3218. Medicare supplemental insurance policies. (a) In this section:
    (1) "Medicare"  means the coverage of health care costs provided under
  subchapter XVIII of the federal Social Security Act, 42 U.S.C.  §§  1395
  et seq.
    (2) "Medicare  supplemental  insurance"  means any individual or group
  accident and health policy issued for delivery in this state on or after
  June tenth, nineteen  hundred  eighty,  providing  for  the  payment  or
  reimbursement  for health care services not provided by medicare, except
  that such  terms  shall  not  include  a  contract  issued  pursuant  to
  subsections (c) and (d) of section four thousand two hundred thirty-five
  or section four thousand three hundred five of this chapter which covers
  employees  of firms doing business in more than one state or the benefit
  structure of which was the subject of  collective  bargaining  affecting
  employees of firms doing business in more than one state.
    (b) The superintendent shall promulgate rules and regulations which:
    (1)  Establish  as  a  separate  classification, medicare supplemental
  insurance.
    (2) Provide for minimum standards for medicare supplemental  insurance
  policies.
    (3)  Require  the ratio of benefits to premiums to be not less than an
  appropriate percentage determined by the  superintendent  and  requiring
  the   annual   filing  of  data  that  will  demonstrate  the  insurer's
  compliance.
    (4) Provide a uniform system of designation for  said  policies  which
  indicates the type and scope of coverage afforded.
    (5)  Provide  for  full disclosure of coverage in a clear and coherent
  manner using words with common everyday language.
    (6) Prohibit the advertisement, sale, or solicitation of any  accident
  or  health  insurance  policy as being supplemental to medicare coverage
  unless it  conforms  to  minimum  standards  for  medicare  supplemental
  insurance policies provided by this section.
    (7)  Provide  for  the  publication  and dissemination of a consumer's
  shopping guide for medicare supplemental insurance.
    (c) No authorized insurer shall issue or deliver  in  this  state  any
  medicare   supplemental   insurance   policy   other   than  a  medicare
  supplemental insurance policy which includes the  minimum  standards  as
  approved by the superintendent.
    (d)  (1)  Every  authorized insurer engaged in issuing for delivery in
  this state, policies for medicare supplemental insurance as set forth in
  this section shall file with the superintendent a report of  all  claims
  experience  for such coverage for each twelve month period preceding the
  dates fixed by the superintendent for the filing of such reports.   Such
  reports  shall  be  made  in  writing  and  on  a form prescribed by the
  superintendent not  less  than  annually  on  dates  determined  by  the
  superintendent.
    (2)  The  provisions  of  this  subsection shall remain in force until
  December thirty-first, nineteen hundred eighty-three.