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This entry was published on 2014-09-22
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SECTION 308
Special reports
Insurance (ISC) CHAPTER 28, ARTICLE 3
§ 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.