New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter IX - Unfair Trade Practices
Part 215 - Advertisements Of Accident And Health Insurance
Section 215.17 - Enforcement procedures

(a) Advertising file. Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical printed, published or prepared advertisements of its blanket, franchise and group policies hereafter disseminated in this or any other State whether or not licensed in such other State, with a notation attachhed to each such advertisement which shall indicate the manner and extent of distribution and the form number of any policy advertised. Such file shall be subject to regular and periodical inspection by the department. All such advertisements shall be maintained in said file for a period of either four years or until the filing of the next regular report on examination of the insurer, whichever is the longer period of time.

(b) Certificate of compliance. Each insurer required to file an annual statement which is now or which hereafter becomes subject to the provisions of this Part must file with this department with its annual statement a certificate of compliance executed by an authorized officer of the insurer wherein it is stated that to the best of his knowledge, information and belief the advertisements which were disseminated by the insurer during the preceding statement year complied or were made to comply in all respects with the provisions of this Part and the Insurance Laws of this State as implemented and interpreted by this Part.

(c) Corrective advertising. If the superintendent finds, after notice and opportunity to be heard, that any advertisement is in violation of the provisions of this Part, and that the violation was such as to substantially deceive or to mislead the public, he may, in addition to any other remedy or monetary penalties he may otherwise impose, order the insurer responsible for the dissemination of such advertisement to publish at its own expense a corrective advertisement in a form and manner to be approved by the superintendent. Should any insurer fail to publish a corrective advertisement as required by the superintendent, the superintendent may publish such an advertisement and the insurer shall, in addition to any monetary penalty imposed, reimburse the department for the expenses incurred in connection with the publication of such advertisement.