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§1109
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§1109 . Limited exemption for health maintenance organizations.
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§1109(a)
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(a) An organization complying with the provisions of article 44 of the public health law may operate without being licensed under this chapter and without being subject to any provisions of this chapter, except: (1) to the extent that such organization must comply with the provisions of this chapter by virtue of such article, and (2) the provisions of §308 , §313 , §332 , §1301 , §1302 , §1307 , §2103 , §2112 , §2114 , §2115 , §2117 , §2123 , §2600 a, 2612, 3200 a, 4308, 4317, 4318, 4320, 4321, 4322 and 4323 of this chapter.
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§1109(b)
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(b) An organization which provides health care services for a periodic fee paid in advance but which does not comply with the provisions of article 44 of the public health law shall be deemed to be engaged in the business of insurance and may not operate without being licensed under this chapter.
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§1109(c)
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(c) An organization referred to in (sub§ (a)) hereof shall be subject to article 74 of this chapter.
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§1109(d)
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(d) A health maintenance organization may make any investment permitted for a health service corporation organized pursuant to article 43 of this chapter provided that the superintendent, after consultation with the commissioner of health, may modify such investment requirements, if such modification would permit the organization to more effectively implement its program without incurring undue risk to its subscribers.
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§1109(e)
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(e) The superintendent may promulgate regulations in effectuating the purposes and provisions of this chapter and article 44 of the public health law and may modify requirements applicable to the contracts between a health maintenance organization and its subscribers, subject to such limitations as the superintendent shall deem necessary or proper to insure the performance of such contracts. Source Data downloaded: 2009-04-09 14: 14: 37; Processed: 2009-05-08 15: 35: 47
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