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.
Last modified: February 3, 2019