N.Y. Insurance Law § 4318-a: Certification of creditable coverage by corporations organized under this article

§ 4318-a. Certification of creditable coverage by corporations

organized under this article. (a) Every corporation subject to the

provisions of this article that issues individual health insurance

contracts or group or blanket accident and health insurance contracts

shall provide covered individuals with written certification, in a form

as the superintendent may approve, of:

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

thousand three hundred eighteen of this article, of the individual under

such contract and under any continuation coverage pursuant to state or

federal law; and

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

with respect to the individual for coverage under any such contract.

(b) The corporation shall provide such certification:

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

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

right of continuation under the contract; 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 contract or plan and the individual provides a

certification of coverage of the individual under subsection (a) of this

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

corporation subject to the provisions of this article that issued the

certification of coverage 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

the corporation's contract. The corporation may charge the requesting

plan or insurer for the reasonable cost of disclosing such information.

(d) A corporation that issues group or blanket accident and health

insurance contracts is deemed to have satisfied the requirements of

subsection (a) of this section if the contract holder by written

agreement with the corporation actually provides the written

certification in accordance with this section.