N.Y. Comp. Codes R. & Regs. tit. 11 § 83.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 83.3 - Accounting practices and procedures

(a) The financial statements of all authorized insurers, accredited reinsurers (except underwriters at Lloyd's, London), authorized fraternal benefit societies, and Public Health Law article 44 health maintenance organizations, integrated delivery systems, prepaid health services plans and comprehensive HIV special needs plans (all defined as "insurers" for the purposes of this Part) shall be completed in accordance with statutory accounting practices and procedures as prescribed by applicable provisions of the Insurance Law and this Title.

(b) Pursuant to sections 307 and 308 of the Insurance Law, financial statements required to be submitted to the superintendent shall be in a form prescribed by the superintendent and shall be prepared in accordance with instructions prescribed by the superintendent. Pursuant to sections 4403, 4403-a, 4403-c and 4408-a of the Public Health Law, financial statements required to be submitted to the Commissioner of Health shall be in a form prescribed by the commissioner and shall be prepared in accordance with instructions prescribed by the commissioner.

(c) Except as provided in section 83.4 of this Part or where the accounting manual conflicts with any provision of the Insurance Law or this Title, the accounting manual is adopted in its entirety, subject to such conflicts and exceptions, and an insurer shall follow the accounting practices and procedures prescribed by the accounting manual. The accounting manual does not preempt States' legislative or regulatory authority. The accounting manual is intended to establish a comprehensive basis of accounting to be adhered to if not in conflict with the State statutes or regulations, or when the State statutes or regulations are silent. The accounting manual may also be viewed at the New York State Department of Financial Services New York City office at One State Street, New York, NY 10004.

(d) A foreign insurer shall calculate its risk-based capital consistent with Part 77 of this Title and shall report that risk-based capital in the New York supplement to the annual financial statement.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 83.3

Amended New York State Register December 15, 2021/Volume XLIII, Issue 50, eff. 12/15/2021