N.Y. Comp. Codes R. & Regs. tit. 11 § 363.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 363.9 - Exemptions from electronic filing and submission requirements

(a) An issuer or self-funded employer required to make an electronic filing or a submission pursuant to this Part may apply to the superintendent for an exemption from the requirement that the filing or submission be electronic by submitting a written request to the superintendent for approval at least 30 days before the issuer or self-funded employer shall submit to the superintendent the particular filing or submission that is the subject of the request.

(b) The request for an exemption shall:

(1) set forth the issuer's National Association of Insurance Commissioners number;

(2) identify the specific filing or submission for which the issuer or self-funded employer is applying for the exemption;

(3) specify whether the issuer or self-funded employer is making the request for an exemption based upon undue hardship, impracticability, or good cause, and set forth a detailed explanation as to the reason that the superintendent should approve the request; and

(4) specify whether the request for an exemption extends to future filings or submissions, in addition to the specific filing or submission identified in paragraph (2) of this subdivision.

(c) The issuer or self-funded employer requesting an exemption shall submit, upon the superintendent's request, any additional information necessary for the superintendent to evaluate the issuer or self-funded employer's request for an exemption.

(d) The issuer or self-funded employer shall be exempt from the electronic filing or submission requirement upon the superintendent's written determination so exempting the issuer or self-funded employer, where the determination specifies the basis upon which the superintendent is granting or denying the request and to which filings or submissions the exemption applies.

(e) If the superintendent approves an issuer's or self-funded employer's request for an exemption from the electronic filing or submission requirement, then the issuer or self-funded employer shall make a filing in a form and manner acceptable to the superintendent.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 363.9

Adopted New York State Register May 31, 2017 /Volume XXXIX, Issue 22, eff.5/31/2017