Section 7808. General rules

(a) A viatical settlement company entering into
  a  viatical  settlement  with  any  viator  shall  first  obtain  a duly
  witnessed and authorized application in which the viator consents to the
  viatical settlement, acknowledges the catastrophic  or  life-threatening
  illness, represents that he or she has a full and complete understanding
  of  the  viatical  settlement,  that  he  or she has a full and complete
  understanding of the benefits of the life insurance policy, releases his
  or her medical records, and acknowledges that he or she has entered into
  the viatical settlement freely and voluntarily.
    (b) All medical information solicited  or  obtained  by  any  licensee
  shall  be  subject to the provisions applicable to health care providers
  under the public health law and common law relating  to  confidentiality
  of medical information.
    (c) Viatical settlement companies and brokers licensed hereunder shall
  not:
    (1)  discriminate  in  the availability of viatical settlements on the
  basis of race, age, sex, national origin, creed,  religion,  occupation,
  marital   or   family  status,  or  discriminate  between  viators  with
  dependents and those without;
    (2) pay or  offer  to  pay  any  finder's  fee,  commission  or  other
  compensation  to  any  viator's physician, attorney, accountant or other
  person providing medical, legal or financial planning  services  to  the
  viator,  or  to  any  other  person  acting  as agent of the viator with
  respect to the viatical settlement;
    (3) enter into any viatical settlement in which payments  of  proceeds
  are  made  in  installments,  unless the viatical settlement company has
  been licensed to act in this state as an insurance company or  bank,  or
  unless  it  effects the purchase through an annuity or similar financial
  instrument issued by an insurance company licensed  to  do  business  in
  this state or a bank;
    (4) disclose medical, financial or other personal information obtained
  from  the  viator  to  any  other  person or entity without the viator's
  specific written consent;
    (5) condition the  consideration  of  applications  on  any  exclusive
  dealing  between  the  viator  and  the  viatical  settlement company or
  broker;
    (6) engage in any other acts determined by the  superintendent  to  be
  unfair and deceptive acts or practices.
    (d)  Viatical  settlement  brokers  shall  not,  without  the  written
  agreement of the viator obtained prior to  performing  any  services  in
  connection  with  a viatical settlement, seek or obtain any compensation
  from a viator. In the absence of a written agreement making  the  broker
  the  viator's agent, viatical settlement brokers shall be presumed to be
  agents of viatical settlement companies.
    (e) Viatical settlement companies shall not enter into  any  agreement
  or communication with any other viatical settlement company with respect
  to the terms to be offered to a viator except that a viatical settlement
  company  may  assign such settlement or insurance policy only to another
  viatical settlement company licensed pursuant to this article.