NEW YORK STATE
INSURANCE DEPARTMENT
 

THIRD AMENDMENT TO REGULATION NO. 41
(11 NYCRR 27)
EXCESS LINE PLACEMENTS GOVERNING STANDARDS
 

SIXTH AMENDMENT TO REGULATION 96
(11 NYCRR 62 SUB-PART 62-4)
FIRE INSURANCE
 

TWENTY-FIFTH AMENDMENT TO REGULATION 83
(11 NYCRR 68)
CHARGES FOR PROFESSIONAL HEALTH SERVICES
 

TWENTY-THIRD AMENDMENT TO REGULATION 101
(11 NYCRR 70)
MEDICAL MALPRACTICE INSURANCE RATE MODIFICATIONS, PROVISIONAL RATES, REQUIRED POLICY PROVISIONS AND AVAILABILITY OF ADDITIONAL COVERAGES
 

SECOND AMENDMENT TO REGULATION 131
(11 NYCRR 162)
DATA REPORTING FILING REQUIREMENTS - COMMERCIAL RISK INSURANCE
 

FIRST AMENDMENT TO REGULATION NO. 38
(11 NYCRR 201)
NOTICE OF CHANGES AFFECTING EMPLOYEE WELFARE FUNDS
 

SEVENTH AMENDMENT TO REGULATION NO. 64
(11 NYCRR 216)
UNFAIR CLAIMS SETTLEMENT PRACTICES AND CLAIM COST CONTROL MEASURES
 

FIFTH AMENDMENT TO REGULATION 90
(11 NYCRR 218)
PROHIBITION OF GEOGRAPHICAL REDLINING IN WRITING AUTOMOBILE AND FIRE AND EXTENDED COVERAGE INSURANCE POLICIES
 

SECOND AMENDMENT TO REGULATION 71
(11 NYCRR 241)
AVAILABILITY OF DEPARTMENT RECORDS
 

FIRST AMENDMENT TO REGULATION 116
(11 NYCRR 242)
ACCESS TO PERSONAL INFORMATION
 

           I, Neil D. Levin, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 201 and 301 of the Insurance Law, do hereby promulgate the following amendments to Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York, to take effect upon publication in the State Register and to read as follows: 

(MATTER UNDERLINED IS NEW; MATTER IN BRACKETS IS DELETED) 

Section 27.6(b) is hereby amended to read as follows: 

           (b)       The reports required by this section shall be submitted, in a format and utilizing such written or electronic media as prescribed by or satisfactory to the superintendent, to: 

Section 27.12(i) is hereby amended to read as follows:

           (i)        The listing required by subdivision (h) of this section shall be annually submitted by March 15, in duplicate on a form prescribed by the superintendent, and addressed to: 

Section 62-4.1(c) is hereby amended to read as follows: 

           (c)       This Subpart applies to cities with a population of over 400,000 persons according to the 1970 census. However, the governing board of any local municipal corporation, as defined in article 1 of the General Municipal Law, may petition the Superintendent of Insurance to mandate the use of the anti-arson application within specific designations in its jurisdiction for any policies issued 30 days after the superintendent's date of approval. Such petitions should be addressed to the: 

Section 68.9(a) The first paragraph of this section is hereby amended to read as follows: 

           (a)        Insurers shall report any pattern of overcharging, excessive treatment or any other improper actions by a health provider, within 30 days after such insurer has knowledge of such pattern to the No-Fault Unit, Property and Casualty Insurance Department, [160 West Broadway] 25 Beaver Street, New York, NY [10013] 10004, and to the following: 

The remainder of section 68.9(a) is unchanged. 

Section 70.1(m) is hereby amended to read as follows: 

           (m)       Purchasing group means any group formed pursuant to the Federal Liability Risk Retention Act of 1986(LRRA)(15 USC 3901 et seq.)(published by the U.S. Government Printing Office, Washington, DC. Copies may be obtained by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. In addition, copies are available for viewing and copying at the New York State Insurance Department, [160 West Broadway] 25 Beaver Street, New York, NY [10013] 10004 and at the Albany Office of the Secretary of State, 41 State Street, Albany, NY 12207) and: 

             (1) has as one of its purposes the purchase of liability insurance on a group basis; 

             (2) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in paragraph (3) of this subdivision; 

             (3) is composed of members whose business or activities are similar or related with respect to liability to which members are exposed by virtue of any related, similar or common business, trade, product, services, premises or operation; and 

             (4) is domiciled in any state. 

Section 70.9(m) The first paragraph of this section is hereby amended to read as follows: 

           (m) Report of segregated and surcharge accounts instructions. 

NEW YORK STATE 

INSURANCE DEPARTMENT 

MEDICAL MALPRACTICE 

REPORT OF SEGREGATED AND SURCHARGE ACCOUNTS INSTRUCTIONS 

           A separate report shall be submitted as of every fiscal year (12 month period) ending June 30 for each policy year under stabilized rates. The first report should include all activity in all fiscal years up to and including the fiscal year ending June 30, 1988. Dollars reported are premiums written, expenses paid, and losses and allocated loss adjustment expenses paid during the fiscal year for the appropriate policy year, or losses and loss adjustment expenses outstanding (including IBNR) as of the end of the fiscal year. All dollars are direct, that is before application of any reinsurance ceded or assumed. The first report is due April 28, 1989. Subsequent reports are due in the Insurance Department on or before October 1, of each year and should be submitted to the following address: 

The remainder of section 70.9(m) is unchanged. 

Section 162.3(g) is hereby amended to read as follows: 

           (g)       All completed forms shall be certified by a duly authorized officer of the insurer, and submitted to the following address: 

Section 201.2 is hereby amended to read as follows: 

           Every notice required to be given by this Part shall be addressed to the New York State Insurance Department, [Welfare Fund Bureau, 123 William Street, New York 38, N. Y.] Financial Condition Life Bureau, 25 Beaver Street, New York, NY 10004, and shall include a copy or copies of all pertinent agreements and other writings or documents referred to therein. 

Section 216.6(h) is hereby amended to read as follows: 

           (h)       Any notice rejecting any element of a claim involving personal property insurance shall contain the identity and the claims processing address of the insurer, the insured's policy number, the claim number, and the following statement prominently set out: 

Section 216.7(d)(3) is hereby amended to read as follows: 

           (3)       Any letter of explanation or rejection of any element of a claim shall contain the identity and claims processing address of the insurer, the insured's policy number, the claim number and the following statement, prominently set out: 

Section 218.5(b) is hereby amended to read as follows: 

           (b)       The following notice shall be clearly and prominently set out in bold face type on the front (except that the company name, company representative, company address and company phone number may be stamped, or typed in the appropriate place in the notice), so that it draws the readers attention on all notices of refusal to issue, cancellation or nonrenewal, except where the cancellation is for nonpayment of premium; and on all notices of termination of agents' and brokers' contracts or accounts, which are subject to this Part mailed or delivered on and after January 1, 1988:

Section 241.1 is hereby amended to read as follows:

           (a)       A current list, detailed by subject matter, of all records in the possession of the department shall be available for public inspection and copying in the department's Bureau of Research and Statistics at Agency Building One, Governor Nelson A. Rockefeller Empire State Plaza, Albany, N.Y. 12257, (518) 474-6615, or [Two World Trade Center] 25 Beaver Street, New York, N.Y. [10047] 10004, [26th floor,] (212) [488-4176] 480-2283. The list shall specify whether records are available at the department's Albany or New York City Office or both offices. 

Section 242.2(b) is hereby amended to read as follows:

           (b)       The address and telephone number of the privacy compliance officer is: 

Office of General Counsel
Insurance Department
Empire State Plaza
Agency Bldg. 1
Albany, NY 12257
(518) 475-4553
and
Office of General Counsel
Insurance Department
[160 West Broadway] 25 Beaver Street
New York, NY [10013] 10004
(212) [602-0451] 480-5290 

Section 242.4(b) is hereby amended to read as follows: 

           (b)       Whenever, practicable, records shall be made available at a regional office most convenient to a data subject. The regional office is located at  

Section 242.8(c) is hereby amended to read as follows: 

           (c)       Any such denial may be appealed to: 

Deputy Superintendent and General Counsel
New York State Insurance Department
[160 West Broadway] 25 Beaver Street
New York, NY [10013] 10004

 

             I, Neil D. Levin, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing are the Third Amendment to 11 NYCRR 27 (Regulation 41), the Sixth Amendment to 11 NYCRR 62 Sub-part 62-4 (Regulation 96), the Twenty-Fifth Amendment to 11 NYCRR 68 (Regulation 83), the Twenty-Third Amendment to 11 NYCRR 70 (Regulation101), the Second Amendment to 11 NYCRR 162 (Regulation 131), the First Amendment to 11 NYCRR 201 (Regulation 38) the Seventh Amendment to 11 NYCRR 216 (Regulation 64), the Fifth Amendment to 11 NYCRR 218 (Regulation 90), the Second Amendment to 11 NYCRR 241 (Regulation 71), the First Amendment to 11 NYCRR 242 (Regulation 116), promulgated by me on January    , 1998, pursuant to the authority granted by Sections 201 and 301 of the Insurance Law, to take effect upon publication in the State Register. 

             Pursuant to the provisions of the State Administrative Procedure Act, prior notice of the amendments was published in the State Register on November 26, 1997. No other publication or prior notice is required by statute. 

 

January    , 1998