§ 5605 — Review of health maintenance organization arbitration experience

§ 5605. Review of health maintenance organization arbitration\nexperience. No health maintenance organization shall offer enrollees the\noption of electing arbitration of claims pursuant to section forty-four\nhundred six-a of the public health law without notifying the\nsuperintendent of an intention to offer the arbitration option and\nobtaining the superintendent's approval. The superintendent shall\napprove such requests, subject to the limitations of this section and in\na manner that allows for sufficient geographical and program diversity\nto permit an effective evaluation of the arbitration experience. The\nsuperintendent of financial services shall require health maintenance\norganizations to submit, on a quarterly basis, information concerning\nthe numbers of enrollees who elect the arbitration option, along with\nsuch other information as the superintendent may require.\nNotwithstanding the provisions of section forty-four hundred six-a of\nthe public health law, no health maintenance organization shall permit\nnew enrollees to elect the arbitration of claims after December first,\nnineteen hundred ninety-one or after such organizations have been\nnotified by the superintendent that five hundred thousand persons have\nelected to arbitrate claims, whichever event first occurs. Within one\nhundred twenty days of such date or event, the superintendent shall\nsubmit a report to the governor and the legislature describing the\nexperience of health maintenance organization enrollee arbitration and\nincluding any recommendations for the future of such program.\n