Healthnow New York Inc. v. New York State Insurance Depatment

Appeal from an order of the Supreme Court (McNamara, J.), entered July 12, 2012 in Albany County, which, among other things, granted plaintiffs cross motion for summary judgment declaring certain portions of Insurance Law § 4308 (j) to be unconstitutional.

Plaintiff is a not-for-profit health insurer that offers various types of health insurance to its subscribers, including — insofar as is relevant here — community-rated, large-group insurance and health maintenance organization policies. Historically, insurers such as plaintiff were required to obtain prior approval from the Superintendent…