State Codes and Statutes

Statutes > New-york > Isc > Article-32 > 3201

§  3201.  Approval  of life, accident and health, credit unemployment,  and annuity policy forms. (a) In this article, "policy form"  means  any  policy,   contract,  certificate,  or  evidence  of  insurance  and  any  application  therefor,  or  rider  or  endorsement  thereto,   affording  benefits  of  the  kinds  of  insurance specified in paragraph one, two,  three or twenty-four of subsection  (a)  of  section  one  thousand  one  hundred  thirteen  of this chapter, a group annuity certificate to which  subsection (a) of section three thousand two hundred  nineteen  of  this  article  applies,  and  a  funding agreement authorized by section three  thousand two hundred twenty-two of this article. The term "policy  form"  shall  not  include an agreement, special rider, or endorsement relating  only to the manner of distribution of benefits or to the reservation  of  rights  and benefits used at the request of the individual policyholder,  contract holder or certificate holder.    (b) (1) No policy form shall be delivered or issued  for  delivery  in  this   state  unless  it  has  been  filed  with  and  approved  by  the  superintendent as conforming to the requirements of this chapter and not  inconsistent with law. A group life, group accident, group health, group  accident and health or blanket accident and health insurance certificate  evidencing insurance coverage on a  resident  of  this  state  shall  be  deemed  to have been delivered in this state, regardless of the place of  actual delivery, unless the insured group is of the type  described  in:  (A)  section  four  thousand  two hundred sixteen, except paragraph four  where the group policy is issued to a trustee  or  trustees  of  a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state, paragraph twelve, thirteen or fourteen of subsection (b) thereof;  (B)  section  four  thousand two hundred thirty-five except subparagraph  (D) where the group policy is issued to a trustee or trustees of a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state,  subparagraph  (K), (L) or (M) of paragraph one of subsection (c)  thereof; or (C) section four thousand two hundred  thirty-seven  (except  subparagraph  (F)  of paragraph three of subsection (a) thereof; of this  chapter; and where the master policies or contracts were lawfully issued  without this state in a jurisdiction where the insurer was authorized to  do an insurance business. With regard to any certificate deemed to  have  been   delivered  in  this  state  by  virtue  of  this  paragraph,  the  superintendent shall (i) require that the premiums charged be reasonable  in relation  to  the  benefits  provided,  except  in  cases  where  the  policyholder   pays  the  entire  premium;  (ii)  have  power  to  issue  regulations prescribing the required, optional and prohibited provisions  in such certificates; (iii) establish an  accelerated  certificate  form  approval procedure available to an insurer which includes a statement in  its  policy form submission letter that it is the company's opinion that  the certificate form or forms comply with applicable New  York  law  and  regulations.  The  superintendent, upon receipt of such a filing letter,  shall grant conditional approval of such certificate form  or  forms  in  reliance  on  the  aforementioned  statement  by  the  company  upon the  condition that the company will retroactively  modify  such  certificate  form  or  forms,  to  the  extent  necessary,  if  it  is  found  by the  superintendent that the certificate form fails to comply with applicable  New York laws and regulations. The superintendent may,  with  regard  to  the  approval  of  any certificate deemed to have been delivered in this  state by virtue of this  paragraph,  approve  such  certificate  if  the  superintendent  finds  that the certificate affords insureds protections  substantially similar to those which have been provided by  certificates  delivered  in  this  state. Any regulations issued by the superintendentpursuant to this paragraph may not  impose  stricter  requirements  than  those applicable to similar policies and certificates actually delivered  in this state.    (2)  No  unallocated  group  annuity contract or funding agreement, or  policy form for accident and health insurance or any other  policy  form  specified  by  the superintendent pursuant to regulation shall be issued  by a domestic insurer or fraternal benefit society for delivery  outside  this state unless it has been filed with the superintendent.    (3)  In  exercising  the  authority  granted by this subsection and by  subsection (c) hereof, with respect to  a  policy  or  certificate  form  under  which  additional  amounts may be credited pursuant to subsection  (b) of section four thousand two  hundred  thirty-two  or  section  four  thousand five hundred eighteen of this chapter, the superintendent shall  take  into  account the tax aspects of the policy form as they relate to  all parties concerned.    (4) (A) No credit insurance or credit  unemployment  insurance  policy  form  shall  be  issued  unless it and its premium rates have been filed  with and  approved  by  the  superintendent.  In  this  section  "credit  insurance"  and  "credit  unemployment  insurance"  mean  insurance on a  debtor, including an intended borrower, pursuant to a program as defined  in paragraph three of  subsection  (b)  of  section  four  thousand  two  hundred sixteen of this chapter for defraying the costs of attendance of  a  student  at  a  college or university, in connection with a specified  loan or other credit transaction to provide payment to the  creditor  in  the  event  of  the death of the debtor or indemnity to the creditor for  the installment payments on the  indebtedness  becoming  due  while  the  debtor  is disabled as defined in the policy, or payment to the creditor  for the installment payments on the indebtedness becoming due while  the  debtor is unemployed as set forth in section three thousand four hundred  thirty-six of this chapter.    (B)  The  superintendent shall from time to time prescribe regulations  which, among other things, shall require  that,  in  the  event  of  the  termination of the insurance prior to the scheduled maturity date of the  indebtedness  or the last maturing instalment thereof, there shall be an  appropriate refund by the insurer to  the  policyholder  of  any  amount  collected  from  or  charged  to  the  policyholder  for such terminated  insurance, and an appropriate refund or credit by  the  policyholder  or  creditor  to  the  debtor  of an amount collected from or charged to the  debtor for such terminated insurance, if  such  refund  amounts  to  one  dollar or more.    (5) Notwithstanding the other provisions of this section, on and after  June  first,  nineteen  hundred eighty no policy form of industrial life  insurance, industrial accident insurance or industrial health  insurance  shall  be  approved  by  the superintendent for delivery or issuance for  delivery in this state.    (6) (A)  As  an  alternative  procedure  to  the  policy  form  filing  requirements  of  paragraph  (1)  of this subsection, an insurer has the  option to file an expedited policy form approval  application  with  the  superintendent  pursuant  to  this paragraph. If this option is elected,  the filing shall include the proposed policy form,  including  rates  as  required,  and  all  necessary  supporting  material  requested  by  the  superintendent pursuant to  rule,  and  a  certification  signed  by  an  officer of the insurer, who is knowledgeable with respect to the law and  regulation  applicable  to the type of policy form, that such form is in  compliance with the applicable law and regulations to the best of his or  her knowledge and belief.    Within ninety days of receipt of a filing, the  superintendent  shall,  in  writing,  either  approve,  submit  a  detailed  list to the insurerrequesting all additional information necessary to make a  determination  on  the  filing,  or  deny  such filing, otherwise, such filing shall be  deemed approved. Any denial issued by the superintendent shall state the  reasons  for  such  disapproval.  If  an  insurer  does  not provide the  additional information requested by the superintendent,  or  respond  to  the  superintendent's  objections  within  forty-five days of receipt of  such request or denial, then such filing shall be deemed denied and such  filing may not be resubmitted for a period not  to  exceed  ninety  days  from  the date that such information or response was due. The forty-five  day limit for providing such additional information or response  may  be  extended at the option of the superintendent.    In   the  event  that  an  insurer  properly  submits  the  additional  information or response, then  such  filing  shall  be  deemed  approved  forty-five  days  after  receipt  of such information or response by the  superintendent, unless the insurer is notified in writing prior to  such  date  that  the  filing  has  been  denied.  Such denial shall state the  reasons for such disapproval and cannot be based on  any  objection  not  specified  in  the superintendent's initial review of the filing, unless  the objection arises from a modification of the policy forms made by the  insurer in addressing the objections or new material  submitted  by  the  insurer.    Notwithstanding  anything  to the contrary contained in this  section, the superintendent may, at  any  time,  before  the  filing  is  either   deemed  approved,  affirmatively  approved,  or  denied,  raise  objections to the policy form that is based on the explicit requirements  of this chapter and any applicable regulations.    The superintendent shall, as soon as practicable, but  no  later  than  sixty days after receipt of the filing, notify the insurer if its filing  is incomplete or fails to comply with applicable statutory or regulatory  requirements.  Such  notice  shall  indicate  that  the  filing is being  returned with no action by the superintendent and that  the  period  for  the superintendent's substantive review has not commenced.    (B)   Nothing   contained   in   this  paragraph  shall  prohibit  the  superintendent from requiring an  insurer  to  retroactively  modify  or  withdraw  a  form approved pursuant to the expedited filing procedure if  such form is found to fail to conform  with  the  requirements  of  this  chapter,  provided  that  the  order  to withdraw or modify such form is  issued in accordance with the provisions of section three  thousand  one  hundred ten or section three thousand two hundred two of this chapter.    (C)  In  addition  to  any  penalties for violations contained in this  chapter, any insurer which receives approval under this subsection for a  form which is found to fail  to  comply  with  the  provisions  of  this  chapter  shall be ineligible to apply for an expedited review under this  subsection for a period not to exceed one year.    * (7) Notwithstanding any other provision of this section, an approved  policy form that has been revised may continue to be delivered or issued  for  delivery  in  this  state  without  further   approval   from   the  superintendent,  provided  that  the  policy  form  is revised solely to  reflect:    (A) a change in the investment options of a separate  account  offered  under the policy form, in accordance with an amended statement as to the  methods   of   operation   of  the  separate  account  approved  by  the  superintendent pursuant to subsection (e) of section four  thousand  two  hundred   forty   of   this   chapter,  and  further  provided  that  an  informational filing,  in  a  form  acceptable  to  the  superintendent,  identifying  the  policy forms that have been revised and the investment  options offered in each policy form, is submitted to the  superintendent  no  later  than sixty days after the amended statement as to the methods  of operation of the separate account has been approved; or(B) any other type of change to a class or classes of policy forms for  which the superintendent waives or otherwise  modifies  the  filing  and  approval  requirements  of  this  section  provided,  however, that such  determination to waive or otherwise modify shall be published in written  guidance  issued by the superintendent after such determination has been  made.    * NB Effective October 29, 2010    (c) (1) The superintendent may disapprove any policy form for delivery  or issuance for delivery in  this  state  if  he  finds  that  the  same  contains  any  provision  or  has  any  title, heading, backing or other  indication of the contents of any or all of  its  provisions,  which  is  likely  to  mislead  the  policyholder,  contract  holder or certificate  holder.    (2) The superintendent may disapprove any life insurance policy  form,  or  any  form  of  annuity contract or group annuity certificate, or any  form of funding agreement for delivery or issuance for delivery in  this  state,  if  its  issuance  would  be  prejudicial  to  the  interests of  policyholders or members or it contains  provisions  which  are  unjust,  unfair or inequitable.    (3)   The  superintendent  may  disapprove  any  accident  and  health  insurance policy form for delivery or  issuance  for  delivery  in  this  state  if  the benefits provided therein are unreasonable in relation to  the premium charged or any such form contains provisions which encourage  misrepresentation  or  are  unjust,  unfair,  inequitable,   misleading,  deceptive, or contrary to law or to the public policy of this state.    (4)  The  superintendent  shall  not approve any life insurance policy  form containing any war or travel exclusion or restriction, for delivery  or issuance for delivery in this state, unless such  policy  form  shall  have  printed  or  stamped across its face in red and in capital letters  not smaller than twelve point type the following:    "Read your policy (certificate) carefully.    "Certain (war, travel) risks are not assumed.    __________________________________    (state which or both)    In case  of  any  doubt  write  your  company  (society)  for  further  explanation."    (5) The superintendent shall not approve any annuity or life insurance  policy  form which is subject to the provisions of section four thousand  two hundred  twenty,  four  thousand  two  hundred  twenty-one  or  four  thousand  five  hundred  eleven  of  this  chapter,  unless  a  detailed  statement of the method used by the  insurer  in  calculating  any  cash  surrender value and any paid-up nonforfeiture benefit in the policy form  is  stated  therein or, in lieu thereof, a statement that such method of  computation has been filed with the insurance  supervisory  official  of  the  state in which the policy form is delivered, and unless a statement  of the method to be used in calculating the  cash  surrender  value  and  paid-up  nonforfeiture  benefit  available on any anniversary beyond the  last anniversary for which such value  and  benefits  are  consecutively  shown  in  the  policy  form  is  included therein, and, with respect to  policy forms under which additional amounts may be credited pursuant  to  subsection  (b)  of  section  four  thousand  two  hundred thirty-two or  section four thousand five hundred eighteen of this chapter, the insurer  shall also furnish such further information to the superintendent as the  superintendent may require.    (6) (a) The superintendent may disapprove any policy form specified in  paragraph two of subsection (b) of this section  issued  by  a  domestic  life insurer or fraternal benefit society for delivery outside the stateif   its   issuance  would  be  prejudicial  to  the  interests  of  its  policyholders or members.    (b)  Except  for  the  policy  forms  specified  in  paragraph  two of  subsection  (b)  of  this  section,  every  domestic  life  insurer  and  fraternal  benefit society shall file annually with the superintendent a  list identifying and describing the policy forms issued by  the  insurer  or  fraternal  benefit  society for delivery outside the state in a form  prescribed by the superintendent. If the superintendent determines  that  the  issuance  of  a  policy  form has been or may be prejudicial to the  interests of policyholders or members, the superintendent may  take  any  action  he or she deems appropriate, including issuing an order, after a  hearing, to cease and desist issuing the policy form.    (7) If any policy of  individual  accident  and  health  insurance  is  issued  by  an  insurer domiciled in this state for delivery to a person  residing in another state, and if the official having responsibility for  the administration of the insurance laws of such other state shall  have  advised  the  superintendent that any such policy form is not subject to  approval or disapproval by such  official,  the  superintendent  may  by  ruling  require  that  such  policy form meet the standards set forth in  subsections (c) and (d) of section three thousand two hundred sixteen of  this article.    (8) Without limitation on his  other  powers  and  duties  under  this  section,  the  superintendent  shall not approve any credit insurance or  credit unemployment insurance policy  forms  or  premium  rates  if  the  premium rates are unreasonable in relation to the benefits provided.    (9)  Each  insurer shall file with the superintendent of insurance any  change in the premium rates for policies authorized  under  subparagraph  (J)  of  paragraph  one  of  subsection (c) of section four thousand two  hundred thirty-five of this chapter, and the same shall  be  subject  to  his approval.    (10)  The  superintendent shall not approve any form of life insurance  policy that is subject to the provisions of section  four  thousand  two  hundred  twenty-one of this chapter or any form of annuity contract that  is subject to the  provisions  of  section  four  thousand  two  hundred  twenty-three of this chapter if such form of policy or contract provides  for the adjustment of any cash surrender benefit or policy loan value in  accordance  with  a  market-value adjustment formula, unless there shall  have been filed with  the  superintendent  a  memorandum,  in  form  and  substance   satisfactory   to   the   superintendent,   describing   the  market-value adjustment formula and stating that, in the opinion of  the  insurer,  the  formula  provides  reasonable  equity  to terminating and  continuing policy and contract holders and to the insurer  and  complies  with the nonforfeiture provisions of this chapter.    (11)  (A) The superintendent shall not approve a life insurance policy  which provides for accelerated payment  of  death  benefits  or  special  surrender  values  pursuant  to  subparagraph (B) or subparagraph (C) or  subparagraph (D) of paragraph one  of  subsection  (a)  of  section  one  thousand  one  hundred  thirteen of this chapter unless it also provides  for such accelerated payments or special surrender  values  pursuant  to  subparagraph (A) of paragraph one of subsection (a) of such section.    (B)  The  superintendent  shall  promulgate  a regulation establishing  rules for advertising, disclosure, benefit levels, benefit  eligibility,  payment  of  long  term  care  benefits, nonforfeiture, and reserves for  accelerated payment  of  death  benefits  or  special  surrender  values  provided  under  a life insurance policy. The regulation shall establish  reasonable disclosure requirements  concerning  the  percentage  of  the  death  benefit  payable when accelerated payment of the death benefit or  special surrender value occurs, the impact of accelerated payment of thedeath benefit or special  surrender  value  on  eligibility  for  public  assistance  (as  determined by the commissioner of social services), the  prohibition that no health care facility as defined in section twenty of  the  public health law can require any person to accelerate payment of a  death benefit or obtain a special surrender  value  as  a  condition  of  admission,  providing  or  continuing  care,  and notice of possible tax  obligations.    (12) The superintendent shall  promulgate  a  regulation  relating  to  waiver  of  premium  for  unemployment as authorized by paragraph one of  subsection (a) of section one thousand  one  hundred  thirteen  of  this  chapter  establishing  minimum  standards  for  benefit levels, benefits  eligibility and exclusions. The premium charged shall be  reasonable  in  relation to the benefit provided.    (d)  The  superintendent  shall,  within  a  reasonable time after the  filing of any policy form requiring approval, notify the insurer  filing  the form of his approval or disapproval of it.

State Codes and Statutes

Statutes > New-york > Isc > Article-32 > 3201

§  3201.  Approval  of life, accident and health, credit unemployment,  and annuity policy forms. (a) In this article, "policy form"  means  any  policy,   contract,  certificate,  or  evidence  of  insurance  and  any  application  therefor,  or  rider  or  endorsement  thereto,   affording  benefits  of  the  kinds  of  insurance specified in paragraph one, two,  three or twenty-four of subsection  (a)  of  section  one  thousand  one  hundred  thirteen  of this chapter, a group annuity certificate to which  subsection (a) of section three thousand two hundred  nineteen  of  this  article  applies,  and  a  funding agreement authorized by section three  thousand two hundred twenty-two of this article. The term "policy  form"  shall  not  include an agreement, special rider, or endorsement relating  only to the manner of distribution of benefits or to the reservation  of  rights  and benefits used at the request of the individual policyholder,  contract holder or certificate holder.    (b) (1) No policy form shall be delivered or issued  for  delivery  in  this   state  unless  it  has  been  filed  with  and  approved  by  the  superintendent as conforming to the requirements of this chapter and not  inconsistent with law. A group life, group accident, group health, group  accident and health or blanket accident and health insurance certificate  evidencing insurance coverage on a  resident  of  this  state  shall  be  deemed  to have been delivered in this state, regardless of the place of  actual delivery, unless the insured group is of the type  described  in:  (A)  section  four  thousand  two hundred sixteen, except paragraph four  where the group policy is issued to a trustee  or  trustees  of  a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state, paragraph twelve, thirteen or fourteen of subsection (b) thereof;  (B)  section  four  thousand two hundred thirty-five except subparagraph  (D) where the group policy is issued to a trustee or trustees of a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state,  subparagraph  (K), (L) or (M) of paragraph one of subsection (c)  thereof; or (C) section four thousand two hundred  thirty-seven  (except  subparagraph  (F)  of paragraph three of subsection (a) thereof; of this  chapter; and where the master policies or contracts were lawfully issued  without this state in a jurisdiction where the insurer was authorized to  do an insurance business. With regard to any certificate deemed to  have  been   delivered  in  this  state  by  virtue  of  this  paragraph,  the  superintendent shall (i) require that the premiums charged be reasonable  in relation  to  the  benefits  provided,  except  in  cases  where  the  policyholder   pays  the  entire  premium;  (ii)  have  power  to  issue  regulations prescribing the required, optional and prohibited provisions  in such certificates; (iii) establish an  accelerated  certificate  form  approval procedure available to an insurer which includes a statement in  its  policy form submission letter that it is the company's opinion that  the certificate form or forms comply with applicable New  York  law  and  regulations.  The  superintendent, upon receipt of such a filing letter,  shall grant conditional approval of such certificate form  or  forms  in  reliance  on  the  aforementioned  statement  by  the  company  upon the  condition that the company will retroactively  modify  such  certificate  form  or  forms,  to  the  extent  necessary,  if  it  is  found  by the  superintendent that the certificate form fails to comply with applicable  New York laws and regulations. The superintendent may,  with  regard  to  the  approval  of  any certificate deemed to have been delivered in this  state by virtue of this  paragraph,  approve  such  certificate  if  the  superintendent  finds  that the certificate affords insureds protections  substantially similar to those which have been provided by  certificates  delivered  in  this  state. Any regulations issued by the superintendentpursuant to this paragraph may not  impose  stricter  requirements  than  those applicable to similar policies and certificates actually delivered  in this state.    (2)  No  unallocated  group  annuity contract or funding agreement, or  policy form for accident and health insurance or any other  policy  form  specified  by  the superintendent pursuant to regulation shall be issued  by a domestic insurer or fraternal benefit society for delivery  outside  this state unless it has been filed with the superintendent.    (3)  In  exercising  the  authority  granted by this subsection and by  subsection (c) hereof, with respect to  a  policy  or  certificate  form  under  which  additional  amounts may be credited pursuant to subsection  (b) of section four thousand two  hundred  thirty-two  or  section  four  thousand five hundred eighteen of this chapter, the superintendent shall  take  into  account the tax aspects of the policy form as they relate to  all parties concerned.    (4) (A) No credit insurance or credit  unemployment  insurance  policy  form  shall  be  issued  unless it and its premium rates have been filed  with and  approved  by  the  superintendent.  In  this  section  "credit  insurance"  and  "credit  unemployment  insurance"  mean  insurance on a  debtor, including an intended borrower, pursuant to a program as defined  in paragraph three of  subsection  (b)  of  section  four  thousand  two  hundred sixteen of this chapter for defraying the costs of attendance of  a  student  at  a  college or university, in connection with a specified  loan or other credit transaction to provide payment to the  creditor  in  the  event  of  the death of the debtor or indemnity to the creditor for  the installment payments on the  indebtedness  becoming  due  while  the  debtor  is disabled as defined in the policy, or payment to the creditor  for the installment payments on the indebtedness becoming due while  the  debtor is unemployed as set forth in section three thousand four hundred  thirty-six of this chapter.    (B)  The  superintendent shall from time to time prescribe regulations  which, among other things, shall require  that,  in  the  event  of  the  termination of the insurance prior to the scheduled maturity date of the  indebtedness  or the last maturing instalment thereof, there shall be an  appropriate refund by the insurer to  the  policyholder  of  any  amount  collected  from  or  charged  to  the  policyholder  for such terminated  insurance, and an appropriate refund or credit by  the  policyholder  or  creditor  to  the  debtor  of an amount collected from or charged to the  debtor for such terminated insurance, if  such  refund  amounts  to  one  dollar or more.    (5) Notwithstanding the other provisions of this section, on and after  June  first,  nineteen  hundred eighty no policy form of industrial life  insurance, industrial accident insurance or industrial health  insurance  shall  be  approved  by  the superintendent for delivery or issuance for  delivery in this state.    (6) (A)  As  an  alternative  procedure  to  the  policy  form  filing  requirements  of  paragraph  (1)  of this subsection, an insurer has the  option to file an expedited policy form approval  application  with  the  superintendent  pursuant  to  this paragraph. If this option is elected,  the filing shall include the proposed policy form,  including  rates  as  required,  and  all  necessary  supporting  material  requested  by  the  superintendent pursuant to  rule,  and  a  certification  signed  by  an  officer of the insurer, who is knowledgeable with respect to the law and  regulation  applicable  to the type of policy form, that such form is in  compliance with the applicable law and regulations to the best of his or  her knowledge and belief.    Within ninety days of receipt of a filing, the  superintendent  shall,  in  writing,  either  approve,  submit  a  detailed  list to the insurerrequesting all additional information necessary to make a  determination  on  the  filing,  or  deny  such filing, otherwise, such filing shall be  deemed approved. Any denial issued by the superintendent shall state the  reasons  for  such  disapproval.  If  an  insurer  does  not provide the  additional information requested by the superintendent,  or  respond  to  the  superintendent's  objections  within  forty-five days of receipt of  such request or denial, then such filing shall be deemed denied and such  filing may not be resubmitted for a period not  to  exceed  ninety  days  from  the date that such information or response was due. The forty-five  day limit for providing such additional information or response  may  be  extended at the option of the superintendent.    In   the  event  that  an  insurer  properly  submits  the  additional  information or response, then  such  filing  shall  be  deemed  approved  forty-five  days  after  receipt  of such information or response by the  superintendent, unless the insurer is notified in writing prior to  such  date  that  the  filing  has  been  denied.  Such denial shall state the  reasons for such disapproval and cannot be based on  any  objection  not  specified  in  the superintendent's initial review of the filing, unless  the objection arises from a modification of the policy forms made by the  insurer in addressing the objections or new material  submitted  by  the  insurer.    Notwithstanding  anything  to the contrary contained in this  section, the superintendent may, at  any  time,  before  the  filing  is  either   deemed  approved,  affirmatively  approved,  or  denied,  raise  objections to the policy form that is based on the explicit requirements  of this chapter and any applicable regulations.    The superintendent shall, as soon as practicable, but  no  later  than  sixty days after receipt of the filing, notify the insurer if its filing  is incomplete or fails to comply with applicable statutory or regulatory  requirements.  Such  notice  shall  indicate  that  the  filing is being  returned with no action by the superintendent and that  the  period  for  the superintendent's substantive review has not commenced.    (B)   Nothing   contained   in   this  paragraph  shall  prohibit  the  superintendent from requiring an  insurer  to  retroactively  modify  or  withdraw  a  form approved pursuant to the expedited filing procedure if  such form is found to fail to conform  with  the  requirements  of  this  chapter,  provided  that  the  order  to withdraw or modify such form is  issued in accordance with the provisions of section three  thousand  one  hundred ten or section three thousand two hundred two of this chapter.    (C)  In  addition  to  any  penalties for violations contained in this  chapter, any insurer which receives approval under this subsection for a  form which is found to fail  to  comply  with  the  provisions  of  this  chapter  shall be ineligible to apply for an expedited review under this  subsection for a period not to exceed one year.    * (7) Notwithstanding any other provision of this section, an approved  policy form that has been revised may continue to be delivered or issued  for  delivery  in  this  state  without  further   approval   from   the  superintendent,  provided  that  the  policy  form  is revised solely to  reflect:    (A) a change in the investment options of a separate  account  offered  under the policy form, in accordance with an amended statement as to the  methods   of   operation   of  the  separate  account  approved  by  the  superintendent pursuant to subsection (e) of section four  thousand  two  hundred   forty   of   this   chapter,  and  further  provided  that  an  informational filing,  in  a  form  acceptable  to  the  superintendent,  identifying  the  policy forms that have been revised and the investment  options offered in each policy form, is submitted to the  superintendent  no  later  than sixty days after the amended statement as to the methods  of operation of the separate account has been approved; or(B) any other type of change to a class or classes of policy forms for  which the superintendent waives or otherwise  modifies  the  filing  and  approval  requirements  of  this  section  provided,  however, that such  determination to waive or otherwise modify shall be published in written  guidance  issued by the superintendent after such determination has been  made.    * NB Effective October 29, 2010    (c) (1) The superintendent may disapprove any policy form for delivery  or issuance for delivery in  this  state  if  he  finds  that  the  same  contains  any  provision  or  has  any  title, heading, backing or other  indication of the contents of any or all of  its  provisions,  which  is  likely  to  mislead  the  policyholder,  contract  holder or certificate  holder.    (2) The superintendent may disapprove any life insurance policy  form,  or  any  form  of  annuity contract or group annuity certificate, or any  form of funding agreement for delivery or issuance for delivery in  this  state,  if  its  issuance  would  be  prejudicial  to  the  interests of  policyholders or members or it contains  provisions  which  are  unjust,  unfair or inequitable.    (3)   The  superintendent  may  disapprove  any  accident  and  health  insurance policy form for delivery or  issuance  for  delivery  in  this  state  if  the benefits provided therein are unreasonable in relation to  the premium charged or any such form contains provisions which encourage  misrepresentation  or  are  unjust,  unfair,  inequitable,   misleading,  deceptive, or contrary to law or to the public policy of this state.    (4)  The  superintendent  shall  not approve any life insurance policy  form containing any war or travel exclusion or restriction, for delivery  or issuance for delivery in this state, unless such  policy  form  shall  have  printed  or  stamped across its face in red and in capital letters  not smaller than twelve point type the following:    "Read your policy (certificate) carefully.    "Certain (war, travel) risks are not assumed.    __________________________________    (state which or both)    In case  of  any  doubt  write  your  company  (society)  for  further  explanation."    (5) The superintendent shall not approve any annuity or life insurance  policy  form which is subject to the provisions of section four thousand  two hundred  twenty,  four  thousand  two  hundred  twenty-one  or  four  thousand  five  hundred  eleven  of  this  chapter,  unless  a  detailed  statement of the method used by the  insurer  in  calculating  any  cash  surrender value and any paid-up nonforfeiture benefit in the policy form  is  stated  therein or, in lieu thereof, a statement that such method of  computation has been filed with the insurance  supervisory  official  of  the  state in which the policy form is delivered, and unless a statement  of the method to be used in calculating the  cash  surrender  value  and  paid-up  nonforfeiture  benefit  available on any anniversary beyond the  last anniversary for which such value  and  benefits  are  consecutively  shown  in  the  policy  form  is  included therein, and, with respect to  policy forms under which additional amounts may be credited pursuant  to  subsection  (b)  of  section  four  thousand  two  hundred thirty-two or  section four thousand five hundred eighteen of this chapter, the insurer  shall also furnish such further information to the superintendent as the  superintendent may require.    (6) (a) The superintendent may disapprove any policy form specified in  paragraph two of subsection (b) of this section  issued  by  a  domestic  life insurer or fraternal benefit society for delivery outside the stateif   its   issuance  would  be  prejudicial  to  the  interests  of  its  policyholders or members.    (b)  Except  for  the  policy  forms  specified  in  paragraph  two of  subsection  (b)  of  this  section,  every  domestic  life  insurer  and  fraternal  benefit society shall file annually with the superintendent a  list identifying and describing the policy forms issued by  the  insurer  or  fraternal  benefit  society for delivery outside the state in a form  prescribed by the superintendent. If the superintendent determines  that  the  issuance  of  a  policy  form has been or may be prejudicial to the  interests of policyholders or members, the superintendent may  take  any  action  he or she deems appropriate, including issuing an order, after a  hearing, to cease and desist issuing the policy form.    (7) If any policy of  individual  accident  and  health  insurance  is  issued  by  an  insurer domiciled in this state for delivery to a person  residing in another state, and if the official having responsibility for  the administration of the insurance laws of such other state shall  have  advised  the  superintendent that any such policy form is not subject to  approval or disapproval by such  official,  the  superintendent  may  by  ruling  require  that  such  policy form meet the standards set forth in  subsections (c) and (d) of section three thousand two hundred sixteen of  this article.    (8) Without limitation on his  other  powers  and  duties  under  this  section,  the  superintendent  shall not approve any credit insurance or  credit unemployment insurance policy  forms  or  premium  rates  if  the  premium rates are unreasonable in relation to the benefits provided.    (9)  Each  insurer shall file with the superintendent of insurance any  change in the premium rates for policies authorized  under  subparagraph  (J)  of  paragraph  one  of  subsection (c) of section four thousand two  hundred thirty-five of this chapter, and the same shall  be  subject  to  his approval.    (10)  The  superintendent shall not approve any form of life insurance  policy that is subject to the provisions of section  four  thousand  two  hundred  twenty-one of this chapter or any form of annuity contract that  is subject to the  provisions  of  section  four  thousand  two  hundred  twenty-three of this chapter if such form of policy or contract provides  for the adjustment of any cash surrender benefit or policy loan value in  accordance  with  a  market-value adjustment formula, unless there shall  have been filed with  the  superintendent  a  memorandum,  in  form  and  substance   satisfactory   to   the   superintendent,   describing   the  market-value adjustment formula and stating that, in the opinion of  the  insurer,  the  formula  provides  reasonable  equity  to terminating and  continuing policy and contract holders and to the insurer  and  complies  with the nonforfeiture provisions of this chapter.    (11)  (A) The superintendent shall not approve a life insurance policy  which provides for accelerated payment  of  death  benefits  or  special  surrender  values  pursuant  to  subparagraph (B) or subparagraph (C) or  subparagraph (D) of paragraph one  of  subsection  (a)  of  section  one  thousand  one  hundred  thirteen of this chapter unless it also provides  for such accelerated payments or special surrender  values  pursuant  to  subparagraph (A) of paragraph one of subsection (a) of such section.    (B)  The  superintendent  shall  promulgate  a regulation establishing  rules for advertising, disclosure, benefit levels, benefit  eligibility,  payment  of  long  term  care  benefits, nonforfeiture, and reserves for  accelerated payment  of  death  benefits  or  special  surrender  values  provided  under  a life insurance policy. The regulation shall establish  reasonable disclosure requirements  concerning  the  percentage  of  the  death  benefit  payable when accelerated payment of the death benefit or  special surrender value occurs, the impact of accelerated payment of thedeath benefit or special  surrender  value  on  eligibility  for  public  assistance  (as  determined by the commissioner of social services), the  prohibition that no health care facility as defined in section twenty of  the  public health law can require any person to accelerate payment of a  death benefit or obtain a special surrender  value  as  a  condition  of  admission,  providing  or  continuing  care,  and notice of possible tax  obligations.    (12) The superintendent shall  promulgate  a  regulation  relating  to  waiver  of  premium  for  unemployment as authorized by paragraph one of  subsection (a) of section one thousand  one  hundred  thirteen  of  this  chapter  establishing  minimum  standards  for  benefit levels, benefits  eligibility and exclusions. The premium charged shall be  reasonable  in  relation to the benefit provided.    (d)  The  superintendent  shall,  within  a  reasonable time after the  filing of any policy form requiring approval, notify the insurer  filing  the form of his approval or disapproval of it.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-32 > 3201

§  3201.  Approval  of life, accident and health, credit unemployment,  and annuity policy forms. (a) In this article, "policy form"  means  any  policy,   contract,  certificate,  or  evidence  of  insurance  and  any  application  therefor,  or  rider  or  endorsement  thereto,   affording  benefits  of  the  kinds  of  insurance specified in paragraph one, two,  three or twenty-four of subsection  (a)  of  section  one  thousand  one  hundred  thirteen  of this chapter, a group annuity certificate to which  subsection (a) of section three thousand two hundred  nineteen  of  this  article  applies,  and  a  funding agreement authorized by section three  thousand two hundred twenty-two of this article. The term "policy  form"  shall  not  include an agreement, special rider, or endorsement relating  only to the manner of distribution of benefits or to the reservation  of  rights  and benefits used at the request of the individual policyholder,  contract holder or certificate holder.    (b) (1) No policy form shall be delivered or issued  for  delivery  in  this   state  unless  it  has  been  filed  with  and  approved  by  the  superintendent as conforming to the requirements of this chapter and not  inconsistent with law. A group life, group accident, group health, group  accident and health or blanket accident and health insurance certificate  evidencing insurance coverage on a  resident  of  this  state  shall  be  deemed  to have been delivered in this state, regardless of the place of  actual delivery, unless the insured group is of the type  described  in:  (A)  section  four  thousand  two hundred sixteen, except paragraph four  where the group policy is issued to a trustee  or  trustees  of  a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state, paragraph twelve, thirteen or fourteen of subsection (b) thereof;  (B)  section  four  thousand two hundred thirty-five except subparagraph  (D) where the group policy is issued to a trustee or trustees of a  fund  established  or participated in by two or more employers not in the same  industry with respect to an  employer  principally  located  within  the  state,  subparagraph  (K), (L) or (M) of paragraph one of subsection (c)  thereof; or (C) section four thousand two hundred  thirty-seven  (except  subparagraph  (F)  of paragraph three of subsection (a) thereof; of this  chapter; and where the master policies or contracts were lawfully issued  without this state in a jurisdiction where the insurer was authorized to  do an insurance business. With regard to any certificate deemed to  have  been   delivered  in  this  state  by  virtue  of  this  paragraph,  the  superintendent shall (i) require that the premiums charged be reasonable  in relation  to  the  benefits  provided,  except  in  cases  where  the  policyholder   pays  the  entire  premium;  (ii)  have  power  to  issue  regulations prescribing the required, optional and prohibited provisions  in such certificates; (iii) establish an  accelerated  certificate  form  approval procedure available to an insurer which includes a statement in  its  policy form submission letter that it is the company's opinion that  the certificate form or forms comply with applicable New  York  law  and  regulations.  The  superintendent, upon receipt of such a filing letter,  shall grant conditional approval of such certificate form  or  forms  in  reliance  on  the  aforementioned  statement  by  the  company  upon the  condition that the company will retroactively  modify  such  certificate  form  or  forms,  to  the  extent  necessary,  if  it  is  found  by the  superintendent that the certificate form fails to comply with applicable  New York laws and regulations. The superintendent may,  with  regard  to  the  approval  of  any certificate deemed to have been delivered in this  state by virtue of this  paragraph,  approve  such  certificate  if  the  superintendent  finds  that the certificate affords insureds protections  substantially similar to those which have been provided by  certificates  delivered  in  this  state. Any regulations issued by the superintendentpursuant to this paragraph may not  impose  stricter  requirements  than  those applicable to similar policies and certificates actually delivered  in this state.    (2)  No  unallocated  group  annuity contract or funding agreement, or  policy form for accident and health insurance or any other  policy  form  specified  by  the superintendent pursuant to regulation shall be issued  by a domestic insurer or fraternal benefit society for delivery  outside  this state unless it has been filed with the superintendent.    (3)  In  exercising  the  authority  granted by this subsection and by  subsection (c) hereof, with respect to  a  policy  or  certificate  form  under  which  additional  amounts may be credited pursuant to subsection  (b) of section four thousand two  hundred  thirty-two  or  section  four  thousand five hundred eighteen of this chapter, the superintendent shall  take  into  account the tax aspects of the policy form as they relate to  all parties concerned.    (4) (A) No credit insurance or credit  unemployment  insurance  policy  form  shall  be  issued  unless it and its premium rates have been filed  with and  approved  by  the  superintendent.  In  this  section  "credit  insurance"  and  "credit  unemployment  insurance"  mean  insurance on a  debtor, including an intended borrower, pursuant to a program as defined  in paragraph three of  subsection  (b)  of  section  four  thousand  two  hundred sixteen of this chapter for defraying the costs of attendance of  a  student  at  a  college or university, in connection with a specified  loan or other credit transaction to provide payment to the  creditor  in  the  event  of  the death of the debtor or indemnity to the creditor for  the installment payments on the  indebtedness  becoming  due  while  the  debtor  is disabled as defined in the policy, or payment to the creditor  for the installment payments on the indebtedness becoming due while  the  debtor is unemployed as set forth in section three thousand four hundred  thirty-six of this chapter.    (B)  The  superintendent shall from time to time prescribe regulations  which, among other things, shall require  that,  in  the  event  of  the  termination of the insurance prior to the scheduled maturity date of the  indebtedness  or the last maturing instalment thereof, there shall be an  appropriate refund by the insurer to  the  policyholder  of  any  amount  collected  from  or  charged  to  the  policyholder  for such terminated  insurance, and an appropriate refund or credit by  the  policyholder  or  creditor  to  the  debtor  of an amount collected from or charged to the  debtor for such terminated insurance, if  such  refund  amounts  to  one  dollar or more.    (5) Notwithstanding the other provisions of this section, on and after  June  first,  nineteen  hundred eighty no policy form of industrial life  insurance, industrial accident insurance or industrial health  insurance  shall  be  approved  by  the superintendent for delivery or issuance for  delivery in this state.    (6) (A)  As  an  alternative  procedure  to  the  policy  form  filing  requirements  of  paragraph  (1)  of this subsection, an insurer has the  option to file an expedited policy form approval  application  with  the  superintendent  pursuant  to  this paragraph. If this option is elected,  the filing shall include the proposed policy form,  including  rates  as  required,  and  all  necessary  supporting  material  requested  by  the  superintendent pursuant to  rule,  and  a  certification  signed  by  an  officer of the insurer, who is knowledgeable with respect to the law and  regulation  applicable  to the type of policy form, that such form is in  compliance with the applicable law and regulations to the best of his or  her knowledge and belief.    Within ninety days of receipt of a filing, the  superintendent  shall,  in  writing,  either  approve,  submit  a  detailed  list to the insurerrequesting all additional information necessary to make a  determination  on  the  filing,  or  deny  such filing, otherwise, such filing shall be  deemed approved. Any denial issued by the superintendent shall state the  reasons  for  such  disapproval.  If  an  insurer  does  not provide the  additional information requested by the superintendent,  or  respond  to  the  superintendent's  objections  within  forty-five days of receipt of  such request or denial, then such filing shall be deemed denied and such  filing may not be resubmitted for a period not  to  exceed  ninety  days  from  the date that such information or response was due. The forty-five  day limit for providing such additional information or response  may  be  extended at the option of the superintendent.    In   the  event  that  an  insurer  properly  submits  the  additional  information or response, then  such  filing  shall  be  deemed  approved  forty-five  days  after  receipt  of such information or response by the  superintendent, unless the insurer is notified in writing prior to  such  date  that  the  filing  has  been  denied.  Such denial shall state the  reasons for such disapproval and cannot be based on  any  objection  not  specified  in  the superintendent's initial review of the filing, unless  the objection arises from a modification of the policy forms made by the  insurer in addressing the objections or new material  submitted  by  the  insurer.    Notwithstanding  anything  to the contrary contained in this  section, the superintendent may, at  any  time,  before  the  filing  is  either   deemed  approved,  affirmatively  approved,  or  denied,  raise  objections to the policy form that is based on the explicit requirements  of this chapter and any applicable regulations.    The superintendent shall, as soon as practicable, but  no  later  than  sixty days after receipt of the filing, notify the insurer if its filing  is incomplete or fails to comply with applicable statutory or regulatory  requirements.  Such  notice  shall  indicate  that  the  filing is being  returned with no action by the superintendent and that  the  period  for  the superintendent's substantive review has not commenced.    (B)   Nothing   contained   in   this  paragraph  shall  prohibit  the  superintendent from requiring an  insurer  to  retroactively  modify  or  withdraw  a  form approved pursuant to the expedited filing procedure if  such form is found to fail to conform  with  the  requirements  of  this  chapter,  provided  that  the  order  to withdraw or modify such form is  issued in accordance with the provisions of section three  thousand  one  hundred ten or section three thousand two hundred two of this chapter.    (C)  In  addition  to  any  penalties for violations contained in this  chapter, any insurer which receives approval under this subsection for a  form which is found to fail  to  comply  with  the  provisions  of  this  chapter  shall be ineligible to apply for an expedited review under this  subsection for a period not to exceed one year.    * (7) Notwithstanding any other provision of this section, an approved  policy form that has been revised may continue to be delivered or issued  for  delivery  in  this  state  without  further   approval   from   the  superintendent,  provided  that  the  policy  form  is revised solely to  reflect:    (A) a change in the investment options of a separate  account  offered  under the policy form, in accordance with an amended statement as to the  methods   of   operation   of  the  separate  account  approved  by  the  superintendent pursuant to subsection (e) of section four  thousand  two  hundred   forty   of   this   chapter,  and  further  provided  that  an  informational filing,  in  a  form  acceptable  to  the  superintendent,  identifying  the  policy forms that have been revised and the investment  options offered in each policy form, is submitted to the  superintendent  no  later  than sixty days after the amended statement as to the methods  of operation of the separate account has been approved; or(B) any other type of change to a class or classes of policy forms for  which the superintendent waives or otherwise  modifies  the  filing  and  approval  requirements  of  this  section  provided,  however, that such  determination to waive or otherwise modify shall be published in written  guidance  issued by the superintendent after such determination has been  made.    * NB Effective October 29, 2010    (c) (1) The superintendent may disapprove any policy form for delivery  or issuance for delivery in  this  state  if  he  finds  that  the  same  contains  any  provision  or  has  any  title, heading, backing or other  indication of the contents of any or all of  its  provisions,  which  is  likely  to  mislead  the  policyholder,  contract  holder or certificate  holder.    (2) The superintendent may disapprove any life insurance policy  form,  or  any  form  of  annuity contract or group annuity certificate, or any  form of funding agreement for delivery or issuance for delivery in  this  state,  if  its  issuance  would  be  prejudicial  to  the  interests of  policyholders or members or it contains  provisions  which  are  unjust,  unfair or inequitable.    (3)   The  superintendent  may  disapprove  any  accident  and  health  insurance policy form for delivery or  issuance  for  delivery  in  this  state  if  the benefits provided therein are unreasonable in relation to  the premium charged or any such form contains provisions which encourage  misrepresentation  or  are  unjust,  unfair,  inequitable,   misleading,  deceptive, or contrary to law or to the public policy of this state.    (4)  The  superintendent  shall  not approve any life insurance policy  form containing any war or travel exclusion or restriction, for delivery  or issuance for delivery in this state, unless such  policy  form  shall  have  printed  or  stamped across its face in red and in capital letters  not smaller than twelve point type the following:    "Read your policy (certificate) carefully.    "Certain (war, travel) risks are not assumed.    __________________________________    (state which or both)    In case  of  any  doubt  write  your  company  (society)  for  further  explanation."    (5) The superintendent shall not approve any annuity or life insurance  policy  form which is subject to the provisions of section four thousand  two hundred  twenty,  four  thousand  two  hundred  twenty-one  or  four  thousand  five  hundred  eleven  of  this  chapter,  unless  a  detailed  statement of the method used by the  insurer  in  calculating  any  cash  surrender value and any paid-up nonforfeiture benefit in the policy form  is  stated  therein or, in lieu thereof, a statement that such method of  computation has been filed with the insurance  supervisory  official  of  the  state in which the policy form is delivered, and unless a statement  of the method to be used in calculating the  cash  surrender  value  and  paid-up  nonforfeiture  benefit  available on any anniversary beyond the  last anniversary for which such value  and  benefits  are  consecutively  shown  in  the  policy  form  is  included therein, and, with respect to  policy forms under which additional amounts may be credited pursuant  to  subsection  (b)  of  section  four  thousand  two  hundred thirty-two or  section four thousand five hundred eighteen of this chapter, the insurer  shall also furnish such further information to the superintendent as the  superintendent may require.    (6) (a) The superintendent may disapprove any policy form specified in  paragraph two of subsection (b) of this section  issued  by  a  domestic  life insurer or fraternal benefit society for delivery outside the stateif   its   issuance  would  be  prejudicial  to  the  interests  of  its  policyholders or members.    (b)  Except  for  the  policy  forms  specified  in  paragraph  two of  subsection  (b)  of  this  section,  every  domestic  life  insurer  and  fraternal  benefit society shall file annually with the superintendent a  list identifying and describing the policy forms issued by  the  insurer  or  fraternal  benefit  society for delivery outside the state in a form  prescribed by the superintendent. If the superintendent determines  that  the  issuance  of  a  policy  form has been or may be prejudicial to the  interests of policyholders or members, the superintendent may  take  any  action  he or she deems appropriate, including issuing an order, after a  hearing, to cease and desist issuing the policy form.    (7) If any policy of  individual  accident  and  health  insurance  is  issued  by  an  insurer domiciled in this state for delivery to a person  residing in another state, and if the official having responsibility for  the administration of the insurance laws of such other state shall  have  advised  the  superintendent that any such policy form is not subject to  approval or disapproval by such  official,  the  superintendent  may  by  ruling  require  that  such  policy form meet the standards set forth in  subsections (c) and (d) of section three thousand two hundred sixteen of  this article.    (8) Without limitation on his  other  powers  and  duties  under  this  section,  the  superintendent  shall not approve any credit insurance or  credit unemployment insurance policy  forms  or  premium  rates  if  the  premium rates are unreasonable in relation to the benefits provided.    (9)  Each  insurer shall file with the superintendent of insurance any  change in the premium rates for policies authorized  under  subparagraph  (J)  of  paragraph  one  of  subsection (c) of section four thousand two  hundred thirty-five of this chapter, and the same shall  be  subject  to  his approval.    (10)  The  superintendent shall not approve any form of life insurance  policy that is subject to the provisions of section  four  thousand  two  hundred  twenty-one of this chapter or any form of annuity contract that  is subject to the  provisions  of  section  four  thousand  two  hundred  twenty-three of this chapter if such form of policy or contract provides  for the adjustment of any cash surrender benefit or policy loan value in  accordance  with  a  market-value adjustment formula, unless there shall  have been filed with  the  superintendent  a  memorandum,  in  form  and  substance   satisfactory   to   the   superintendent,   describing   the  market-value adjustment formula and stating that, in the opinion of  the  insurer,  the  formula  provides  reasonable  equity  to terminating and  continuing policy and contract holders and to the insurer  and  complies  with the nonforfeiture provisions of this chapter.    (11)  (A) The superintendent shall not approve a life insurance policy  which provides for accelerated payment  of  death  benefits  or  special  surrender  values  pursuant  to  subparagraph (B) or subparagraph (C) or  subparagraph (D) of paragraph one  of  subsection  (a)  of  section  one  thousand  one  hundred  thirteen of this chapter unless it also provides  for such accelerated payments or special surrender  values  pursuant  to  subparagraph (A) of paragraph one of subsection (a) of such section.    (B)  The  superintendent  shall  promulgate  a regulation establishing  rules for advertising, disclosure, benefit levels, benefit  eligibility,  payment  of  long  term  care  benefits, nonforfeiture, and reserves for  accelerated payment  of  death  benefits  or  special  surrender  values  provided  under  a life insurance policy. The regulation shall establish  reasonable disclosure requirements  concerning  the  percentage  of  the  death  benefit  payable when accelerated payment of the death benefit or  special surrender value occurs, the impact of accelerated payment of thedeath benefit or special  surrender  value  on  eligibility  for  public  assistance  (as  determined by the commissioner of social services), the  prohibition that no health care facility as defined in section twenty of  the  public health law can require any person to accelerate payment of a  death benefit or obtain a special surrender  value  as  a  condition  of  admission,  providing  or  continuing  care,  and notice of possible tax  obligations.    (12) The superintendent shall  promulgate  a  regulation  relating  to  waiver  of  premium  for  unemployment as authorized by paragraph one of  subsection (a) of section one thousand  one  hundred  thirteen  of  this  chapter  establishing  minimum  standards  for  benefit levels, benefits  eligibility and exclusions. The premium charged shall be  reasonable  in  relation to the benefit provided.    (d)  The  superintendent  shall,  within  a  reasonable time after the  filing of any policy form requiring approval, notify the insurer  filing  the form of his approval or disapproval of it.