2006 New York Code - Certification Of Creditable Coverage.



 
    §  3232-a. Certification of creditable coverage. (a) Every insurer who
  delivers or issues for delivery individual health insurance policies  or
  group or blanket accident and health insurance policies shall provide to
  covered   individuals   written   certification,   in   a  form  as  the
  superintendent may approve, of:
    (1) the period of creditable coverage, as  defined  in  section  three
  thousand two hundred thirty-two of this article, of the individual under
  such  policy and any continuation coverage of the individual pursuant to
  state or federal law; and
    (2) any waiting period or affiliation period (if  applicable)  imposed
  with respect to the individual for any coverage under the policy.
    (b) The insurer shall provide such written certification:
    (1)  at  the time an individual ceases to be covered under the policy,
  including any period of time such individual was covered pursuant to any
  right of continuation under such policy; and
    (2) on the request on behalf of an  individual  made  not  later  than
  twenty-four months after the date of cessation of the coverage described
  in paragraph one of this subsection.
    (c)  In  the event of an election by an insurer or a group health plan
  to count the period of creditable coverage based on coverage of benefits
  within classes or categories of benefits as provided in state or federal
  law, if that insurer or group health  plan  enrolls  an  individual  for
  coverage  under  its policy or plan and such individual provides written
  certification of coverage of the individual pursuant to  subsection  (a)
  of this section, then upon request of such insurer or group health plan,
  the insurer that issued the certification of coverage so provided by the
  individual  shall  promptly disclose to such requesting insurer or group
  health plan information on coverage of classes and categories of  health
  benefits   available  under  its  policy.  An  insurer  disclosing  such
  information may charge the requesting plan or insurer for the reasonable
  cost of such disclosure.
    (d) An insurer who delivers or issues for delivery  group  or  blanket
  accident  and  health insurance policies is deemed to have satisfied the
  requirements of subsection (a) of this section if  the  policyholder  by
  written  agreement  with  the  insurer  actually  provides  the  written
  certification in accordance with this section.

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