senate Bill S114

Requires commercial insurers to make available an option to parents/guardians to cover their mentally or physically challenged dependents

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO INSURANCE
  • 22 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Apr / 2011
    • DEFEATED IN INSURANCE
  • 16 / May / 2011
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Requires commercial insurers to make available an option to parents/guardians purchasing family health insurance policies to cover their mentally or physically challenged dependents.

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Bill Details

See Assembly Version of this Bill:
A256
Versions:
S114
Legislative Cycle:
2011-2012
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง4304, Ins L
Versions Introduced in 2009-2010 Legislative Cycle:
S6768, A9408

Votes

4
9
4
Aye
9
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Insurance committee vote details

Sponsor Memo

BILL NUMBER:S114

TITLE OF BILL:

An act
to amend the insurance law, in relation to insurance coverage for
mentally or physically disabled dependents

PURPOSE OR GENERAL IDEA OF BILL:

This bill expands access to health insurance by amending the Insurance
Law to allow mentally and or physically challenged people, regardless
of age, to be covered under a parent's group health insurance policy.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 4304(1)(A) of the Insurance Law. Requires
commercial insurers to make available an option for parents/guardians
purchasing family health insurance policies through their employers
to cover their mentally and or physically challenged dependents.
There is no age limitation for such dependent. This bill would allow
parents to extend their current health insurance coverage provided by
an employer for the care of a person that is dependent on a
parent/guardian due to attributable disabilities. The young adult
must not be eligible for coverage under their own employer sponsored
insurance and they must be determined to be mentally and or
physically challenged to the point where that person is unable,
regardless of age, to work, live independently, and provide medical
insurance for oneself. It negates limiting age of any manner when
dealing with people that have been determined to meet the above
mentioned criteria. The option must be extended at policy inception
and at the first anniversary date following the effective date of the
provisions. This approach to working with high needs people/children
can also reduce state expenditures to those government funded
facilities. This bill is not intended to meet the needs
of all people diagnosed with specific conditions. It does not
relieve Mental Health Departments from providing the necessary
services to those individuals that have been deemed to have a mental
condition such as depression, manic depression, and/or been diagnosed
with bi-polar syndrome or any condition that can be treated, or
controlled through the use of medication. In other words, people with
such conditions that can and should be treated through medications
that permit a person the capability to function normally, live on
their own, and hold a job will not be covered by this bill.

Section 2 - Effective Date

EXISTING LAW:

This legislation amends existing law to require group insurance
policies to provide health insurance for physically and mentally
disabled children, regardless of age, under their parent's
employer-sponsored health insurance.

JUSTIFICATION:


This bill helps to mainstream disabled people into the community while
insuring their health and safety. It also reduces the need for New
York State to provide housing for those individuals that would be
provided for by the parent or guardian. Furthermore, the longer a
mentally or physically challenged person/child is allowed to stay in
a familiar environment the better it is for the person/child and
family. This bill allows parents an option to continue allowing their
disabled child the opportunity to live at home with them and in so
doing prevents placing that child in state run facilities such as
group homes, hospitals, or halfway houses. Providing this type of
care also keeps the family structure and support mechanisms in place.

PRIOR LEGISLATIVE HISTORY:

2010: S.6768 - Referred to Insurance/A.9408 - Referred to Insurance

FISCAL IMPLICATIONS:

No cost to the state or local governments.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   114

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to insurance coverage for
  mentally or physically disabled dependents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (A)  of  paragraph  1  of subsection (d) of
section 4304 of the insurance law, as amended by chapter 240 of the laws
of 2009, is amended to read as follows:
  (A) No contract issued pursuant to this  section  shall  entitle  more
than  one person to benefits except that a contract issued and marked as
a "family contract" [may] SHALL provide that benefits will be  furnished
to  a  husband  and  wife, or husband, wife and their dependent child or
children, or any child or children  not  over  nineteen  years  of  age,
provided  that  an  unmarried  student  at  an accredited institution of
learning may be considered a dependent until he OR SHE  becomes  twenty-
three  years  of  age,  provided  that  the coverage of any such "family
contract" [may] SHALL include, at the option of the insurer, any  unmar-
ried  child  until attaining age twenty-five, and provided also that the
coverage of any such "family contract" shall include any other unmarried
child, regardless of age, who is incapable of self-sustaining employment
by reason of mental illness, developmental disability, OR mental  retar-
dation,  as defined in the mental hygiene law, [or physical handicap and
who became so incapable prior to attainment of the age at which  depend-
ent  coverage  would  otherwise  terminate,]  so  that such child may be
considered a dependent.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00305-01-1

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