N.Y. Insurance Law Section 4323
Marketing materials

(a)

All health maintenance organizations issued a certificate of authority under article forty-four of the public health law or licensed under this article shall prepare, in conjunction with the superintendent, and shall participate in and share the cost of the publication and dissemination of a consumer’s shopping guide for standardized individual health plans issued pursuant to sections four thousand three hundred twenty-one and four thousand three hundred twenty-two of this article and a separate consumer shopping guide for standardized qualifying individual health insurance contracts and standardized qualifying group health insurance contracts issued pursuant to § 4326 (Standardized health insurance contracts for qualifying small employers and individuals)section four thousand three hundred twenty-six of this article. The consumer’s shopping guides shall be published annually and shall include the names, addresses and telephone numbers of all health maintenance organizations offering such coverage as well as a description of the plan design and premiums in such a manner that facilitates consumer comparison.

(b)

Health maintenance organizations may distribute additional sales or marketing brochures describing the standardized coverage offered subject to review by the superintendent.

(c)

All health maintenance organization marketing materials must be sufficiently clear to avoid deception or the capacity or tendency to mislead or deceive and may not disparage competitors.

Source: Section 4323 — Marketing materials, https://www.­nysenate.­gov/legislation/laws/ISC/4323 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

4301
Organization of corporation 4302
Permit and license to do business 4303
Benefits 4303‑A
Prescription synchronization 4304
Individual contracts 4305
Group contracts 4306
Required contract provisions 4306‑A
Health insurance coverage for full-time students on medical leaves of absence 4306‑B
Primary and preventive obstetric and gynecologic care 4306‑C
Grievance procedure and access to specialty care 4306‑D
Choice of health care provider 4306‑E
Prohibition on lifetime and annual limits 4306‑F
Maternal depression screenings 4306‑G
Telehealth delivery of services 4306‑H
Essential health benefits package and limit on cost-sharing 4306‑I
Coverage for medically fragile children 4307
Providers of services 4308
Supervision of superintendent 4309
Limitation on expenses 4310
Investments 4312
Employment of solicitors 4313
Applicability of other provisions of this chapter 4314
Not to affect provisions of workers’ compensation law 4315
Arbitration 4316
Individual contracts 4317
Rating of individual and small group health insurance contracts 4318
Pre-existing condition provisions 4318‑A
Certification of creditable coverage by corporations organized under this article 4320
Limitations on administrative services and stop-loss coverage 4321
Standardization of individual enrollee direct payment contracts offered by health maintenance organizations prior to October first, two t... 4321‑A
Fund for standardized individual enrollee direct payment contracts 4322
Standardization of individual enrollee direct payment contracts offered by health maintenance organizations which provide out-of-plan ben... 4322‑A
Fund for standardized individual enrollee direct payment contracts which provide out-of-plan benefits 4323
Marketing materials 4324
Disclosure of information 4325
Prohibitions 4326
Standardized health insurance contracts for qualifying small employers and individuals 4327
Stop loss funds for standardized health insurance contracts issued to qualifying small employers and qualifying individuals 4328
Individual enrollee direct payment contracts offered by health maintenance organization on and after October first, two thousand thirteen 4329
Prescription drug coverage 4330
Discrimination because of sex or marital status in hospital, surgical or medical expense insurance
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 4323’s source at nysenate​.gov

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