§ 4401 Declaration of policy
§ 4402 Definitions
§ 4403 Registration
§ 4404 Examinations; requirement
§ 4405 Examinations; conduct
§ 4406 Examinations; publication
§ 4407 Examinations; expenses
§ 4408 Annual statement
§ 4409 Special statements
§ 4410 Annual report
§ 4411 Account statements by insurance companies, service plans and corporate trustees and agents
§ 4412 Regulation under other laws
§ 4413 Prohibitions
§ 4414 Supplementary regulations; extensions of time; service of process; records; loans; compliance

Terms Used In New York Laws > Insurance > Article 44 - Employee Welfare Funds

  • Addict: means a person who habitually uses a controlled substance for a non-legitimate or unlawful use, and who by reason of such use is dependent thereon. See N.Y. Public Health Law 3302
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See N.Y. Public Health Law 3302
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Applicant: means a for-profit entity or not-for-profit corporation and includes: board members, officers, managers, owners, partners, principal stakeholders and members who submit an application to become a registered organization. See N.Y. Public Health Law 3360
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Certification: means a certification, made under section thirtythree hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Certified medical use: means the acquisition, possession, use, or, transportation of medical marihuana by a certified patient, or the acquisition, possession, delivery, transportation or administration of medical marihuana by a designated caregiver, for use as part of the treatment of the patient's serious condition, as authorized in a certification under this title including enabling the patient to tolerate treatment for the serious condition. See N.Y. Public Health Law 3360
  • Certified patient: means a patient who is a resident of New York state or receiving care and treatment in New York state as determined by the commissioner in regulation, and is certified under section thirtythree hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Commissioner: means commissioner of health of the state of

    New York. See N.Y. Public Health Law 3302

  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
  • Department: means the department of health of the state of

    New York. See N.Y. Public Health Law 3302

  • Designated caregiver: means the individual designated by a certified patient in a registry application. See N.Y. Public Health Law 3360
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
  • Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
  • Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
  • Drug: means
    (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
    (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and
    (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302
  • Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Public Health Law 3302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal registration number: means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. See N.Y. Public Health Law 3302
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Form of medical marihuana: means characteristics of the medical marihuana recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient. See N.Y. Public Health Law 3360
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habitual user: means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. See N.Y. Public Health Law 3302
  • Individual dose: means a single measure of raw medical marihuana or non-infused concentrates to be determined and clearly identified by a patient's practitioner for the patient's specific certified condition. See N.Y. Public Health Law 3360
  • Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:
    (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
    (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or
    (c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302
  • Medical marihuana: means marihuana as defined in subdivision twenty-one of section thirty-three hundred two of this article, intended for a certified medical use, as determined by the commissioner in his or her sole discretion. See N.Y. Public Health Law 3360
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
  • Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
  • Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
  • Practitioner: means a practitioner who (i) is a physician licensed by New York state and practicing within the state, (ii) who by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. See N.Y. Public Health Law 3360
  • Practitioner: means :

    A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302

  • Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
  • Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
  • prescription monitoring program registry: means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article. See N.Y. Public Health Law 3302
  • Public place: means a public place as defined in regulation by the commissioner. See N.Y. Public Health Law 3360
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered organization: means a registered organization under sections thirty-three hundred sixty-four and thirty-three hundred sixty-five of this title. See N.Y. Public Health Law 3360
  • Registry application: means an application properly completed and filed with the department by a certified patient under section thirtythree hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Registry identification card: means a document that identifies a certified patient or designated caregiver, as provided under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302
  • Serious condition: means :
    (i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical marihuana is an alternative to opioid use, substance use disorder, or as added by the commissioner; and
    (ii) any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner. See N.Y. Public Health Law 3360
  • Service of process: The service of writs or summonses to the appropriate party.
  • Special certification: means a special certification made under subdivision nine of section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Subpoena: A command to a witness to appear and give testimony.
  • Terminally ill: means an individual has a medical prognosis that the individual's life expectancy is approximately one year or less if the illness runs its normal course. See N.Y. Public Health Law 3360
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Ultimate user: means a person who lawfully obtains and possesses a controlled substance for his own use or the use by a member of his household or for an animal owned by him or in his custody. See N.Y. Public Health Law 3302