REGULATORY ACTIVITY:

• Posted notice of final adoption of Insurance Regulation 150 regarding private passenger motor vehicle insurance multi-tier programs. The rule becomes effective on March 13, 2018

REGULATORY ACTIVITY:

• Posted notice of adoption of emergency regulations regarding unfair claims settlement practices.  To view the notice and documentation regarding the adoption, go to https://www.dfs.ny.gov/industry_guidance/regulations/emergency_insurance.
• Posted notice of adoption of an emergency rule affecting unfair claim practices. Insurance Law Section 2601 prohibits an insurer doing business in New York State from engaging in unfair claims settlement practices and sets forth a list of acts that, if committed without just cause and performed with such frequency as to indicate a general business practice, will constitute unfair claims settlement practices. Insurance Regulation 64 sets forth the standards insurers are expected to observe to settle claims promptly and fairly. Properties in New York State have recently been looted and vandalized by individuals that have infiltrated and used the peaceful protests against police brutality and racial discrimination to commit these destructive and damaging acts across New York State. In order to help consumers and businesses thus affected, this emergency rulemaking requires insurers to promptly process and investigate insurance claims made by claimants; allows claimants to make immediate repairs to certain parts of damaged real property, if necessary, to protect health and safety; and to submit proof of loss by photographs or video recordings. This emergency regulation also offers individual and small business claimants the option to resolve disputes through an impartial mediation process, paid for by the applicable insurer. Many of the businesses in the areas affected by the looting and vandalism have been closed for several weeks in compliance with the Governor’s Executive Orders to help contain the spread of COVID-19. They have been looking forward to re-opening their businesses to sustain their operability, provide employment, and resuscitate the local economy. It is therefore of the utmost importance that these insureds are able to start rebuilding their businesses right away. Given the nature and extent of the damage caused by the looters and vandals, and the need for businesses to be able to reopen as soon as possible upon their region meeting the COVID-19-related reopening requirements, the existing regulation’s time frames are inadequate to protect affected consumers and businesses and to ensure the public’s safety and welfare. For the reasons stated above, the promulgation of this regulation on an emergency basis is necessary for the public health, public safety, and general welfare. To timely investigate claims, permit immediate repairs of certain real property, and allow mediation for claims due to riot. This emergency rule applies to any claim filed after May 30, 2020.

FEE SCHEDULE NEWS:

• A new EAPG data set was released with an effective date of April 1, 2020. The next update is expected in July 2020.

REGULATORY ACTIVITY:

• Amendments to rule 11 NYCRRR 60-2 (insurance regulation 35-D) regarding supplementary uninsured/underinsured motorist coverage.  The amendments became effective April 1, 2020.
• Published notice of adoption of section 68.1 adoption of certain workers' compensation schedules.

REGULATORY ACTIVITY:

• Posted notice of emergency adoption and proposed rulemaking for Ninth Amendment to Ins Reg 35-D (11 NYCRR 60-2) regarding supplementary uninsured and underinsured motorist coverage. To view the rule, go to https://www.dfs.ny.gov/industry_guidance/regulations/proposed_insurance.
• Posted notice of emergency and proposed 35th amendment to regulation 83 (NYCRR 68) regarding charges for professional health services. To view the posted notice, go to https://www.dfs.ny.gov/industry_guidance/regulations/proposed_insurance.

LEGISLATIVE ACTIONS:

• Posted on notice of adoption of 34th Amendment to 11 NYCRR 68 regarding charges for professional health services. This rule sets forth the maximum reimbursement levels for charges incurred for medical services provided under automobile insurance.  This maximum reimbursement amounts set forth in the rule shall take effective October 1, 2020.  To view a copy of the notice and rule, go to https://www.dfs.ny.gov/industry_guidance/regulations/final_adoptions_insurance.

FEE SCHEDULE NEWS:

• A new update to the EAPG data tables has been released with an effective date of July 1, 2019. The next update is expected October 1, 2019.

REGULATORY ACTIVITY:

• Posted notice on the state's web site regarding of emergency adoption of certain workers' compensation fee schedules.  To view the notice on the web site, go to https://www.dfs.ny.gov/industry_guidance/regulations/emergency_insurance.  The notice was filed with the secretary of state on July 5, 2019 and was in the state register on July 24, 2019.

REGULATORY ACTIVITY:

• New York has published two Circular Letters regarding reimbursement of auto claims under specific circumstances.  The circular letters are number 3 (2019) and 4 (2019) respectively.  Circular number 3 deals with medical reimbursement under no fault.  Circular number 4 deals with claims involving transportation network vehicles.  To view both Circular Letters, go to https://www.dfs.ny.gov/industry_guidance/circular_letters.

REGULATORY ACTIVITY:

• Proposed 9th amendment to Insurance Regulation 68-C (11 NYCRR65-3) Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act - Claims for Personal Injury Protection Benefits. Comments on the proposed rule will close on January 14, 2019. To view the notice and proposed rule, go to https://www.dfs.ny.gov/insurance/rproindx.htm.

REGULATORY ACTIVITY:

• Posted notice of emergency adoption of regulation regarding supplementary uninsured/underinsured motorist insurance.  To view the notice, summary of the rule and the emergency rule, go to https://www.dfs.ny.gov/insurance/rproindx.htm.

FEE SCHEDULE NEWS:

• The Department of Financial Services has posted a revision to Section 68.6  Professional Health services performed outside New York State with an effective date of January 23, 2018.
• The revision is available for review at : http://www.dfs.ny.gov/insurance/r_finala/rfinal17.htm