Assembly Bill A2853A

Signed By Governor
2023-2024 Legislative Session

Authorizes life insurers to establish wellness programs

download bill text pdf

Sponsored By

Current Bill Status Via S5890 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A2853 - Details

Law Section:
Insurance Law
Laws Affected:
Amd §3239, Ins L
Versions Introduced in 2021-2022 Legislative Session:
A8617

2023-A2853 - Summary

Authorizes life insurers to establish wellness programs in conjunction with the issuance of life insurance policies; provides for full or partial reimbursement for the cost of a device and associated subscription that can be used to track activity or biometric data; provides for discounts on life insurance and on products or services intended to incent positive behavioral changes.

2023-A2853 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2853
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. MEEKS, CLARK, LUPARDO, STECK -- read once and
   referred to the Committee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  authorizing  life
   insurers to establish wellness programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3239 of the insurance law, as added by chapter  592
 of  the  laws  of 2008 and subsections (b) and (c) as amended by chapter
 180 of the laws of 2016, is amended to read as follows:
   § 3239. Wellness programs. (a)  An  insurer  licensed  to  write  LIFE
 INSURANCE MAY ESTABLISH A WELLNESS PROGRAM IN CONJUNCTION WITH ITS ISSU-
 ANCE  OF  LIFE INSURANCE POLICIES AND AN INSURER LICENSED TO WRITE acci-
 dent and health insurance, a corporation organized pursuant  to  article
 forty-three of this chapter, a health maintenance organization certified
 pursuant  to article forty-four of the public health law and a municipal
 cooperative health benefits plan may establish  a  wellness  program  in
 conjunction  with  its issuance of a group accident and health insurance
 policy or group subscriber contract. A "wellness program" is  a  program
 designed  to promote health [and], LONGEVITY AND/OR prevent disease that
 may contain rewards and incentives for participation.  Participation  in
 the wellness program shall be available to similarly-situated members of
 the  group  OR TO ALL INSUREDS WITHIN THE SAME CLASS and shall be volun-
 tary on the part of the member OR INSURED.   The terms of  the  wellness
 program shall be set forth in the policy or contract.
   (b) A wellness program may include, but is not limited to, the follow-
 ing programs or services:
   (1) the use of a health risk assessment tool;
   (2) a smoking cessation program;
   (3) a weight management program;
   (4) a stress and/or hypertension management program;
   (5) a worker injury prevention program;
   (6) a nutrition education program;
   (7) health or fitness incentive programs;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2023-A2853A - Details

Law Section:
Insurance Law
Laws Affected:
Amd §3239, Ins L
Versions Introduced in 2021-2022 Legislative Session:
A8617

2023-A2853A - Summary

Authorizes life insurers to establish wellness programs in conjunction with the issuance of life insurance policies; provides for full or partial reimbursement for the cost of a device and associated subscription that can be used to track activity or biometric data; provides for discounts on life insurance and on products or services intended to incent positive behavioral changes.

2023-A2853A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2853--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. MEEKS, CLARK, LUPARDO, STECK -- read once and
   referred to the Committee on Insurance -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the insurance  law,  in  relation  to  authorizing  life
   insurers to establish wellness programs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3239 of the insurance law, as added by chapter  592
 of  the  laws  of 2008 and subsections (b) and (c) as amended by chapter
 180 of the laws of 2016, is amended to read as follows:
   § 3239. Wellness programs. (a)  An  insurer  licensed  to  write  LIFE
 INSURANCE MAY ESTABLISH A WELLNESS PROGRAM IN CONJUNCTION WITH ITS ISSU-
 ANCE  OF  LIFE INSURANCE POLICIES AND AN INSURER LICENSED TO WRITE acci-
 dent and health insurance, a corporation organized pursuant  to  article
 forty-three of this chapter, a health maintenance organization certified
 pursuant  to article forty-four of the public health law and a municipal
 cooperative health benefits plan may establish  a  wellness  program  in
 conjunction  with  its issuance of a group accident and health insurance
 policy or group subscriber contract. A "wellness program" is  a  program
 designed  to promote health [and], LONGEVITY OR prevent disease that may
 contain rewards and incentives for participation. Participation  in  the
 wellness program shall be available to similarly-situated members of the
 group OR WITH REGARD TO  LIFE INSURANCE, TO ALL INSUREDS WITHIN THE SAME
 CLASS  IN  A  MANNER  THAT  IS  NOT UNFAIRLY DISCRIMINATORY and shall be
 voluntary on the part of the member OR INSURED.   WITH  REGARD  TO  LIFE
 INSURANCE,  AN INSURER IS PROHIBITED FROM INCREASING PREMIUMS OR CHARGES
 STATED IN THE POLICY AS A RESULT OF PARTICIPATION  OR  NON-PARTICIPATION
 IN  THE PROGRAM. The terms of the wellness program shall be set forth in
 the policy or contract.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07895-03-3
 A. 2853--A                          2
              

co-Sponsors

2023-A2853B (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Amd §3239, Ins L
Versions Introduced in 2021-2022 Legislative Session:
A8617

2023-A2853B (ACTIVE) - Summary

Authorizes life insurers to establish wellness programs in conjunction with the issuance of life insurance policies; provides for full or partial reimbursement for the cost of a device and associated subscription that can be used to track activity or biometric data; provides for discounts on life insurance and on products or services intended to incent positive behavioral changes.

2023-A2853B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2853--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. MEEKS, CLARK, LUPARDO, STECK, WEPRIN, McDONALD,
   BUTTENSCHON -- read once and referred to the Committee on Insurance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee
 
 AN  ACT  to  amend  the  insurance  law, in relation to authorizing life
   insurers to establish wellness programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3239 of the insurance law, as added by chapter 592
 of the laws of 2008 and subsections (b) and (c) as  amended  by  chapter
 180 of the laws of 2016, is amended to read as follows:
   §  3239.  Wellness  programs.  (a)  An  insurer licensed to write LIFE
 INSURANCE MAY ESTABLISH A WELLNESS PROGRAM IN CONJUNCTION WITH ITS ISSU-
 ANCE OF LIFE INSURANCE POLICIES AND AN INSURER LICENSED TO  WRITE  acci-
 dent  and  health insurance, a corporation organized pursuant to article
 forty-three of this chapter, a health maintenance organization certified
 pursuant to article forty-four of the public health law and a  municipal
 cooperative  health  benefits  plan  may establish a wellness program in
 conjunction with its issuance of a group accident and  health  insurance
 policy  or  group subscriber contract. A "wellness program" is a program
 designed to promote health [and], LONGEVITY OR prevent disease that  may
 contain  rewards  and incentives for participation. Participation in the
 wellness program shall be available to similarly-situated members of the
 group OR WITH REGARD TO  LIFE INSURANCE, TO ALL INSUREDS WITHIN THE SAME
 CLASS IN A MANNER THAT IS  NOT  UNFAIRLY  DISCRIMINATORY  and  shall  be
 voluntary  on  the  part  of the member OR INSURED.  WITH REGARD TO LIFE
 INSURANCE, AN INSURER IS PROHIBITED FROM INCREASING PREMIUMS OR  CHARGES
 STATED  IN  THE POLICY AS A RESULT OF PARTICIPATION OR NON-PARTICIPATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07895-05-3
 A. 2853--B                          2
              

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