Section 4306. Required contract provisions  


Latest version.
  • Every contract issued by any
      corporation pursuant to the provisions of section  four  thousand  three
      hundred  four  of  this article, shall be in writing and shall state the
      terms and conditions thereof. No such contract shall be made, issued  or
      delivered in this state unless it contains the following provisions:
        (a)  a  statement  of  the  amount  payable  to the corporation by the
      individual to whom the contract is issued and the  times  at  which  and
      manner in which such amount is to be paid;
        (b)  a statement of the nature of the benefits to be furnished and the
      period during which they  will  be  furnished;  and  if  there  are  any
      benefits to be excepted, a detailed statement of such exceptions printed
      as hereinafter specified;
        (c)  a  statement  of the terms and conditions, if any, upon which the
      contract may be terminated at the option of the individual, or otherwise
      terminated at the option of either party as permitted by subsection  (b)
      or (c) of section four thousand three hundred four of this article;
        (d)  a  statement  that the contract includes the endorsements thereon
      and attached papers, if any;
        (e) a statement that no statement by the individual in his application
      for a contract shall  avoid  the  contract  or  be  used  in  any  legal
      proceeding  thereunder, unless such application or an exact copy thereof
      is included in or attached to  such  contract,  and  that  no  agent  or
      representative  of such corporation and no broker, other than an officer
      or officers designated therein, is authorized to change the contract  or
      waive any of its provisions;
        (f)  a statement that if the individual defaults in making any payment
      under the contract, the  subsequent  acceptance  of  a  payment  by  the
      corporation  or  by  one  of  its  duly  authorized  agents or by a duly
      authorized broker shall reinstate the  contract,  but  with  respect  to
      sickness  and  injury,  only  to  cover  such  sickness  as may be first
      manifested more than ten days after the date of such acceptance;
        (g) a statement of the period of  grace  which  will  be  allowed  the
      individual  for  making  any payment due under the contract which period
      shall not be less than ten days;
        (h) a statement on the first page of  the  contract  or  in  a  notice
      attached  to  the contract that during a specified period of time, which
      shall not be less than ten days nor more than twenty days from the  date
      the  contract  is  delivered to the individual, it may be surrendered to
      the corporation together with a written request for cancellation of  the
      contract  and that in such event the corporation will refund any premium
      paid therefor including any contract fees or  other  charges;  provided,
      however,  that  a  contract  sold by mail order and a contract providing
      medicare supplemental insurance or long-term care insurance must contain
      a provision permitting the individual  a  thirty  day  period  for  such
      surrender;
        (i)  the age limit or date or period, if any, after which the coverage
      provided by the contract will not be effective, or renewed, is stated in
      a renewal provision set forth on the first page of the contract or as  a
      separate  provision  bearing an appropriate caption on the first page on
      the contract or in a brief description in not less than  fourteen  point
      bold  face  type  set  forth  on the first page of the contract; nothing
      herein contained shall limit or restrict the right of the corporation to
      continue the contract after the age or period so stated;
        (j) a statement under the caption "CONVERSION PRIVILEGE"  which  shall
      set  forth in substance the conversion privileges and related provisions
      required by subsections (d) and  (e)  of  section  four  thousand  three
      hundred four of this article;
    
        (k)  the  exceptions  of  the  contract  shall  appear  with  the same
      prominence as the benefits to which they apply;
        (l)  if  the  contract  contains  any provision purporting to make any
      portion of the articles, constitution or by-laws of  the  corporation  a
      part of the contract, such portion shall be set forth in full; and
        (m)  in  every  such  contract made, issued or delivered in this state
      there shall be a brief description of the contract on its first page and
      on its filing back.
        * (n) a statement that a health care claim from a subscriber shall  be
      submitted  within  one  hundred  twenty  days  from the date of service;
      provided, however, that if  it  was  not  reasonably  possible  for  the
      subscriber  to  submit  the  claim within that timeframe, then the claim
      shall be submitted as soon as reasonably possible.
        * NB Effective January 1, 2011