217 - Employee notification and remittance of premiums; group policies of accident and health insurance.

§  217.    Employee  notification  and  remittance  of premiums; group  policies of accident  and  health  insurance.  1.  Statement  of  public  policy.  The  legislature  finds  that  in  today's  society  health and  accident insurance coverage for medical care and treatment is  of  prime  importance to all employees and their dependents within the state of New  York. Adequate and prospective planning is necessary to insure that such  coverage  is  in  effect  at  the  time  of commencement of the need for  medical and health care. Many employees and their dependents in New York  State are covered through group  policies  issued  to  their  employers,  employee  organizations  or  trustees  of  employee welfare funds and no  statutory provision has heretofore afforded these  employees  and  their  dependents the right as certificate holders of a group accident or group  health  policy  to  receive  notification of the intended termination or  substitution of the group  policy  and  to  have  premiums  remitted  to  insurers  on  their  behalf  should they choose to exercise continuation  privileges available under law.    Accordingly, it is the declared public policy of the state of New York  that sufficient and timely notice  be  afforded  each  employee  covered  under   a  group  accident  or  group  health  policy  of  the  intended  termination or  substitution  of  such  policy  and  that  employers  be  required  to  remit  premiums  to  insurers  on  behalf  of  individuals  exercising their right to continuation coverage under the law.    2. Definitions. As used in this section:    (a) "Policyholder" shall mean any person, co-partnership, corporation,  trade   association,   joint   stock   association,   incorporated    or  unincorporated association, trustees or labor organization as defined in  subsections  (c)  and  (g),  respectively, of section four thousand four  hundred two of the insurance law or any other entity to whom a policy or  contract of group accident, group health or group  accident  and  health  insurance has been issued.    For the purpose of this section, "policyholder" shall also include any  group remitting agent.    (b)  "Certificate  holder"  shall mean any person insured, on either a  contributory or non-contributory basis, by a policy or contract of group  accident, group health or group accident and health insurance,  as  well  as persons covered by group remittance policies.    3. Notification.  A policyholder shall, subsequent to receipt from the  insurer  of  notice of termination pursuant to subsection (k) of section  four thousand two hundred  thirty-five  of  the  insurance  law  provide  written  notice  to  the  certificate  holders  of  such  policy of such  termination. In any case where the  policyholder  is  substituting  such  policy  with  another  policy  providing  similar  coverage for the same  certificate holders, the policyholder shall provide certificate  holders  with  a  written  notice  including  therein the name of the substituted  insurer. Where the employees are represented by  a  labor  organization,  such  notice  shall  be  given  to  the  representative  of  that  labor  organization. Such written notice shall be in accordance with the  rules  and regulations of the superintendent of insurance, promulgated pursuant  to  subsection  (l)  of section four thousand two hundred thirty-five of  the insurance law.    4.  Exception. The provisions of subdivision  three  of  this  section  shall  not  be deemed to apply if, within ten days subsequent to receipt  of notice of termination from the insurer, the  policyholder  has  taken  necessary  steps  whereby  the intended termination is rendered null and  void.    5. Where the policyholder  has  contracted  with  another  insurer  to  replace the existing insurer for the providing of similar and continuous  coverage  for  the  same  certificate holders he shall file an affidavitwith the commissioner of labor and superintendent of insurance  to  that  effect.    6.  Remittance of premiums. Any policyholder who receives notification  from an individual entitled to  exercise  a  right  to  continuation  of  coverage  by  the  policyholder's  insurer  pursuant  to  section  three  thousand two hundred twenty-one of the insurance law,  shall,  no  later  than thirty days subsequent to receipt of premiums from such individual,  remit  such  premiums  to  the  insurer on behalf of such individual and  provide evidence to the individual that the premium has been remitted.    6-a.   Residence location  to  accompany  enrollment  data.    When  a  policyholder  provides  information  to an insurer or health maintenance  organization certified under article forty-four of the public health law  or licensed pursuant to the  insurance  law  regarding  the  initial  or  continued  enrollment  eligibility  of  a certificate holder, the policy  holder must include the current united states postal  service  zip  code  and state in which the certificate holder currently resides.    7.  Penalties.  (a)  Any  policyholder  who  fails to comply with this  section, shall forfeit to the people of the  State  a  sum  up  to  five  thousand dollars, to be recovered by the commissioner in a civil action.  Where  the policyholder is a corporation, trade association, joint stock  association, incorporated or unincorporated association, the  president,  secretary and treasurer thereof shall be liable for any forfeiture.    (b)  In addition to such penalty, where the failure to comply involves  the failure to notify an employee of the termination of a group accident  or group health policy pursuant to subdivision three of this section  or  the  failure  to  remit  premiums  pursuant  to  subdivision six of this  section, or  the  failure  to  provide  an  individual  with  notice  of  termination   pursuant   to  subdivision  six  of  section  one  hundred  ninety-five of this chapter, the policy holder shall also be liable,  in  a  civil action brought by the individual entitled to receive the notice  of termination or exercise the right to continuation of  coverage  in  a  court  of  competent  jurisdiction,  to  appropriate damages which shall  include reimbursement for medical expenses which were not covered by the  policyholder's insurer by virtue of his termination  of  the  policy  or  failure to remit such premiums.