§ 3111. Special provisions relating to senior citizens. (a) Every
insurer that has in force any policy of insurance subject to the
provisions of section three thousand four hundred twenty-five of this
chapter shall permit senior citizen insureds to designate a third party
to whom the insurer shall transmit notices of cancellation, nonrenewal
and conditional renewal. The senior citizen insured shall notify the
insurer that a third party has been so designated. Such notification
shall be delivered to the insurer by certified mail, return receipt
requested, and shall be effective not later than ten business days from
the date of receipt by the insurer. The notification must contain, in
writing, an acceptance by the third party designee to receive notices of
cancellation, nonrenewal and conditional renewal from the insurer.
Should the third party designee desire to terminate his or her status as
a third party designee, such designee shall provide written notice to
both the insurer and the senior citizen insured. Should the senior
citizen insured desire to terminate the third party designation, the
insured shall provide written notice to the insurer. The transmission to
the third party designee of any notice of cancellation, nonrenewal or
conditional renewal shall be in addition to a copy of such document
transmitted to the senior citizen insured and when a third party is so
designated all such notices shall be mailed in an envelope clearly
marked on its face with the following: "IMPORTANT INSURANCE POLICY
INFORMATION: OPEN IMMEDIATELY". Designation as a third party shall not
constitute acceptance of any liability on the third party for services
provided to such senior citizen. The insurer shall notify its senior
citizen insureds annually in writing of the availability of the third
party designee notice procedure and provide information on how the
insured can commence this procedure, however, such notice need not be
provided once a senior citizen has made a designation.

(b) Every insurer that has in force a premium paying individual life
insurance policy on the life of a senior citizen insured, who has made a
designation in accordance with paragraph one of subsection (b) of
section three thousand two hundred eleven of this chapter, shall upon
appropriate notification as described herein, provide such senior
citizen with a copy of the notice of cancellation for nonpayment of
premiums before the lapse date of the policy. The senior citizen insured
shall notify the insurer that in addition to the person designated in
accordance with paragraph one of subsection (b) of section three
thousand two hundred eleven of this chapter, a copy of such notices of
cancellation shall be transmitted to the senior citizen insured and when
a third party is so designated all such notices shall be mailed in an
envelope clearly marked on its face with the following: "IMPORTANT
INSURANCE POLICY INFORMATION: OPEN IMMEDIATELY". Such notification to
the insurer shall be in writing delivered to the insurer by certified
mail, return receipt requested and shall be effective not later than ten
business days from the date of receipt by the insurer. Should the senior
citizen insured desire to terminate receipt of such notices of
cancellation, such senior citizen shall provide written notice to the
insurer. The insurer shall at the time the senior citizen insured makes
a designation in accordance with paragraph one of subsection (b) of
section three thousand two hundred eleven of this chapter inform the
senior citizen in writing about the notice procedure and provide
information on how the insured can commence this procedure.

(c) Every insurer, corporation organized under article forty-three of
this chapter or organization certified pursuant to article forty-four of
the public health law that has in force a health insurance policy or
medicare supplemental insurance policy as defined in section three
thousand two hundred eighteen of this chapter the premiums for which are
paid directly to the insurer by the senior citizen insured shall permit
senior citizen insureds to designate a third party to whom the insurer
shall transmit notices of nonpayment of premiums due or notice of
cancellation for nonpayment of premiums, as determined by the insurer.
The senior citizen shall notify the insurer that a third party has been
so designated. Such notification shall be delivered to the insurer by
certified mail, return receipt requested, and shall be effective not
later than ten business days from the date of receipt by the insurer.
The notification must contain, in writing, an acceptance by the third
party designee to receive such notices of cancellation. Should the third
party designee desire to terminate his or her status as a third party
designee, such designee shall provide written notice to both the insurer
and the senior citizen insured. Should the senior citizen insured desire
to terminate the third party designation, the insured shall provide
written notice to the insurer. The transmission to the third party
designee of any such notice of cancellation shall be in addition to a
copy of such document transmitted to the senior citizen insured and when
a third party is so designated all such notices shall be mailed in an
envelope clearly marked on its face with the following: "IMPORTANT
INSURANCE POLICY INFORMATION: OPEN IMMEDIATELY". Designation as a third
party shall not constitute acceptance of any liability on the third
party for services provided to such senior citizen. The insurer shall
notify its senior citizen insureds annually in writing of the
availability of the third party designee notice procedure and provide
information on how the insured can commence this procedure; however,
such notice need not be provided once a senior citizen has made a
designation.

(d) In the case of a medicare supplemental insurance policy as defined
in section three thousand two hundred eighteen of this chapter offered
by or through a group the premiums for which are paid to the insurer by
the group policyholder or group remitting agent, the group policyholder
or group remitting agent shall permit senior citizen insureds to
designate a third party to whom the group policyholder or group
remitting agent shall transmit notices of nonpayment of premiums due or
notice of cancellation for nonpayment of premiums, as determined by the
group policyholder or group remitting agent. The senior citizen shall
notify the group policyholder or group remitting agent that a third
party has been so designated. Such notification shall be delivered to
the group policyholder or group remitting agent by mail, and shall be
effective not later than ten business days from the date of receipt by
the group policyholder or group remitting agent. The notification must
contain, in writing, an acceptance by the third party designee to
receive such notices of cancellation. Should the third party designee
desire to terminate his or her status as a third party designee, such
designee shall provide written notice to both the group policyholder or
group remitting agent and the senior citizen insured. Should the senior
citizen insured desire to terminate the third party designation, the
insured shall provide written notice to the group policyholder or group
remitting agent. The transmission to the third party designee of any
such notice of cancellation shall be in addition to a copy of such
document transmitted to the senior citizen insured and when a third
party is so designated all such notices shall be mailed in an envelope
clearly marked on its face with the following: "IMPORTANT INSURANCE
POLICY INFORMATION: OPEN IMMEDIATELY". Designation as a third party
shall not constitute acceptance of any liability on the third party for
services provided to such senior citizen. The group policyholder or
group remitting agent shall notify its senior citizen insureds annually
in writing of the availability of the third party designee notice
procedure and provide information on how the insured can commence this
procedure; however, such notice need not be provided once a senior
citizen has made a designation.

(e) Every insurer that has in force a long-term care insurance policy
as defined in section one thousand one hundred seventeen of this chapter
the premiums for which are paid directly to the insurer by the senior
citizen insured, except a policy that qualifies as a long-term care
insurance contract as defined in Section 7702B of the Internal Revenue
Code, shall permit senior citizen insureds to designate a third party to
whom the insurer shall transmit notices of nonpayment of premiums due or
notice of cancellation for nonpayment of premiums; provided that notice
of cancellation for nonpayment of premium shall be sent no later than
thirty days before the effective date of such cancellation. The senior
citizen insured shall notify the insurer that a third party has been so
designated. Such notification shall be delivered to the insurer either
in the same envelope as the senior citizen insured's premium payment or
by certified mail, return receipt requested, and shall be effective not
later than ten business days from the date of receipt by the insurer.
The notification must contain, in writing, an acceptance by the third
party designee to receive such notices of cancellation. Should the third
party designee desire to terminate his or her status as a third party
designee, such designee shall provide written notice to both the insurer
and the senior citizen insured. Should the senior citizen insured desire
to terminate the third party designation, the insured shall provide
written notice to the insurer. The transmission to the third party
designee of any such notice of cancellation shall be in addition to a
copy of such document transmitted to the senior citizen insured and when
a third party is so designated all such notices shall be mailed in an
envelope clearly marked on its face with the following: "IMPORTANT
INSURANCE POLICY INFORMATION: OPEN IMMEDIATELY". Designation as a third
party shall not constitute acceptance of any liability on the third
party for services provided to such senior citizen. The insurer shall
notify its senior citizen insureds not less than annually in writing of
the availability of the third party designee notice procedure and
provide information on how the insured can commence this procedure. If a
senior citizen insured has not made a third party designation, the
insurer shall include a copy of the third party designation form with
each premium statement sent to the senior citizen insured. If a senior
citizen insured has made a designation, the insurer shall confirm with
the senior citizen insured that the third party designee's contact
information is correct. Upon receipt of a designation or termination of
a designation, the insurer shall verify the designation or cancellation
of designation with the senior citizen insured. Such verification may,
but is not required to be, written and the insurer may use telephony to
obtain an oral confirmation from the senior citizen insured so long as
the insurer provides the senior citizen insured with written
confirmation of the oral verification.

(f) For purposes of this section, "senior citizen insured" shall mean
a New York resident who is the policyowner or the insured and is age
sixty-five or older. The superintendent may promulgate regulations
necessary to carry out the purposes of this section.