N.Y. ISC Law § 1109

§ 1109. Limited exemption for health maintenance organizations. (a) An\norganization complying with the provisions of article forty-four of the\npublic health law may operate without being licensed under this chapter\nand without being subject to any provisions of this chapter, except: (1)\nto the extent that such organization must comply with the provisions of\nthis chapter by virtue of such article, and (2) the provisions of\nsections three hundred eight, one thousand three hundred one, one\nthousand three hundred two, one thousand three hundred seven, one\nthousand three hundred twenty-two, with regard to health maintenance\norganizations that are domiciled in this state and certified or\noperating in at least one other state, two thousand one hundred three,\ntwo thousand one hundred twelve, two thousand one hundred fourteen, two\nthousand one hundred fifteen, two thousand one hundred seventeen, two\nthousand one hundred twenty-three, two thousand six hundred eight-a, two\nthousand six hundred twelve, three thousand two hundred twenty-four-a,\nfour thousand three hundred eight, four thousand three hundred\nseventeen, four thousand three hundred eighteen, four thousand three\nhundred twenty, four thousand three hundred twenty-one, four thousand\nthree hundred twenty-two and four thousand three hundred twenty-three of\nthis chapter.\n (b) An organization which provides health care services for a periodic\nfee paid in advance but which does not comply with the provisions of\narticle forty-four of the public health law shall be deemed to be\nengaged in the business of insurance and may not operate without being\nlicensed under this chapter.\n (c) An organization referred to in subsection (a) or (b) hereof shall\nbe subject to article seventy-four of this chapter.\n (d) A health maintenance organization may make any investment\npermitted for a health service corporation organized pursuant to article\nforty-three of this chapter provided that the superintendent, after\nconsultation with the commissioner of health, may modify such investment\nrequirements, if such modification would permit the organization to more\neffectively implement its program without incurring undue risk to its\nsubscribers.\n (e) The superintendent may promulgate regulations in effectuating the\npurposes and provisions of this chapter and article forty-four of the\npublic health law and may modify requirements applicable to the\ncontracts between a health maintenance organization and its subscribers,\nsubject to such limitations as the superintendent shall deem necessary\nor proper to insure the performance of such contracts.\n