N.Y. Laws » CHAPTER Public Health / ARTICLE Health Maintenance Organizations
New York Consolidated Laws

N.Y. Public Health Law § 4400 (2026)

Statement of policy and purposes

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 4400. Statement of policy and purposes. Encouraging the expansion of
health care services options available to the citizens of the state is a
matter of vital state concern. Without such an expansion, increased
health insurance and other benefits will continue to escalate the costs
of medical care and overload the health care delivery system. The health
maintenance organization concept, through which members of an enrolled
population are each entitled to receive comprehensive health services
for an advance or periodic charge, represents a promising new
alternative for the delivery of a full range of health care services at
a reasonable cost.
  Accordingly, it shall be the policy of this state to expand the health
care services options available, and to assure greater choice in the
selection of a health care plan, by removal of legal and other
impediments to the development of competitive health maintenance
organizations acceptable to the public.
  It is the intent of the legislature that the commissioner therefore
establish a comprehensive system of authorization and regulation of
health maintenance organizations in the state, as provided in this
article, in order to assure that health services of good quality be
provided to all citizens who choose to take advantage of that
alternative to meet their health care needs. The commissioner shall
cooperate with the superintendent of financial services and with other
state officials and agencies which establish standards and requirements
pertaining to the provision and financing of health care services in
order to assure necessary, equitable and consistent state supervision of
all health care systems without duplication of inspection or services.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1992–2024 · leading case: Wisholek v. Douglas, 280 A.D.2d 220 (N.Y. App. Div. 4th Dep't 2001).
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Wisholek v. Douglas, 280 A.D.2d 220 (N.Y. App. Div. 4th Dep't 2001). “The overall intent of the Legislature was to remove regulatory impediments to the formation of HMOs and to decrease the cost of services (Public Health Law § 4400 et seq., added by L 1976, ch 938).”
U.S. Healthcare, Inc. v. Curiale, 162 Misc. 2d 833 (N.Y. Sup. Ct. 1994). · cites it 2× “(Public Health Law § 4400 et seq.) In keeping with his supervisory function the Superintendent must review all contracts entered into between the HMO and its subscribers.”
Lutheran Med. Ctr. v. Elderplan, Inc., 155 Misc. 2d 887 (N.Y. City Civ. Ct. 1992). “HMOs reflect one governmental attempt to encourage delivery of health care services at reasonable cost (Public Health Law § 4400). In a general sense Lutheran seeks to avoid the Elder-plan contract because it contains conditions and limitations— the need to use health providers…”
Joseph v. Corso, 233 A.D.3d 104 (N.Y. App. Div. 3d Dep't 2024). · cites it 2× “Unlike the Empire Plan, each of these five entities is either authorized to conduct insurance business in New York, provides insurance through a purchased policy or HMO, or provides health benefits to municipal employees or students ( see Civil Service Law § 162 [1] [b] [iv];…”
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