N.Y. Insurance Law § 3232-a: Certification of creditable coverage

§ 3232-a. Certification of creditable coverage. (a) Every insurer who

delivers or issues for delivery individual health insurance policies or

group or blanket accident and health insurance policies shall provide to

covered individuals written certification, in a form as the

superintendent may approve, of:

(1) the period of creditable coverage, as defined in section three

thousand two hundred thirty-two of this article, of the individual under

such policy and any continuation coverage of the individual pursuant to

state or federal law; and

(2) any waiting period or affiliation period (if applicable) imposed

with respect to the individual for any coverage under the policy.

(b) The insurer shall provide such written certification:

(1) at the time an individual ceases to be covered under the policy,

including any period of time such individual was covered pursuant to any

right of continuation under such policy; and

(2) on the request on behalf of an individual made not later than

twenty-four months after the date of cessation of the coverage described

in paragraph one of this subsection.

(c) In the event of an election by an insurer or a group health plan

to count the period of creditable coverage based on coverage of benefits

within classes or categories of benefits as provided in state or federal

law, if that insurer or group health plan enrolls an individual for

coverage under its policy or plan and such individual provides written

certification of coverage of the individual pursuant to subsection (a)

of this section, then upon request of such insurer or group health plan,

the insurer that issued the certification of coverage so provided by the

individual shall promptly disclose to such requesting insurer or group

health plan information on coverage of classes and categories of health

benefits available under its policy. An insurer disclosing such

information may charge the requesting plan or insurer for the reasonable

cost of such disclosure.

(d) An insurer who delivers or issues for delivery group or blanket

accident and health insurance policies is deemed to have satisfied the

requirements of subsection (a) of this section if the policyholder by

written agreement with the insurer actually provides the written

certification in accordance with this section.