New York Laws
Article 44 - Health Maintenance Organizations
4409 - Health Maintenance Organizations; Examinations.

(b) The department is authorized to address to any health maintenance
organization, and managed long term care plan with a certificate of
authority pursuant to section forty-four hundred three-f of this
article, or officers thereof, any inquiry in relation to its contracts
with providers and other entities providing covered services to the
health maintenance organization's or managed long term care plan's
enrollees, including but not limited to the rates of payment and payment
terms and conditions therein. Every entity or person so addressed shall
reply in writing to such inquiry promptly and truthfully, and such reply
shall be, if required by the department, signed by such individual, or
by such officer or officers of a corporation, as the department shall
designate, and affirmed by them as true under penalty of perjury.
Failure to comply with the requirements of this section shall be subject
to civil penalties under section twelve of this chapter. Each day after
the deadline established by the department for reply until such time
that the provider submits a good faith response shall be considered a
separate and subsequent violation. In accordance with the process
outlined in this paragraph, employers shall provide any documents or
materials in the employer's possession, custody, or control that are
requested by the department as needed to support or verify the
employer's reply.
(c) Any report, information, documents, or other materials furnished
to the department under this subdivision shall be deemed a confidential
communication and shall not be subject to inspection or disclosure in
any manner, including article six of the public officers law or
department regulations in conformance therewith, except as provided in
this section, pursuant to a judicial subpoena issued in a pending action
or proceeding, or upon formal written request by the department of
labor, the office of attorney general, or a duly authorized public
agency.
(d) The department shall no less than annually provide a report to the
governor, temporary president of the senate, and speaker of the assembly
summarizing the information obtained by the department under paragraph

(b) of this subdivision. Such report shall not contain individually
identifiable data.
3. The superintendent and the commissioner are authorized to share and
exchange information obtained by them in the exercise of their
respective responsibilities under the insurance law and this chapter.
4. Nothing contained in this section shall be deemed to require the
public disclosure of privileged patient information.