S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 25, 2011
Introduced by Sen. SEWARD -- 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 pre-existing condition
provisions for group and blanket disability policies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (b) of section 3234 of the insurance law, as
added by chapter 650 of the laws of 1993, is amended to read as follows:
(b) AN INSURER THAT OFFERS A POLICY IN CONFORMANCE WITH PARAGRAPH TWO
OF SUBSECTION (A) OF THIS SECTION MUST ALSO MAKE AVAILABLE, AND IF
REQUESTED BY THE POLICYHOLDER, PROVIDE A GROUP OR BLANKET POLICY WITH A
PRE-EXISTING CONDITION PROVISION WHICH EXCLUDES COVERAGE UNDER THE POLI-
CY FOR A DISABILITY COMMENCING DURING THE TWELVE MONTHS FOLLOWING THE
EFFECTIVE DATE OF COVERAGE FOR THE COVERED PERSON.
(C) Nothing [herein] IN THIS SECTION shall be construed to prohibit or
restrict an insurer from utilizing other forms of underwriting for the
members of the group in lieu of, or in addition to, the pre-existing
condition provision described in subsection (a) OR (B) of this section.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.