Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 05, 2024 |
returned to assembly passed senate 3rd reading cal.879 substituted for s5242a |
Jun 05, 2024 |
substituted by a6126a |
May 13, 2024 |
amended on third reading 5242a |
May 08, 2024 |
advanced to third reading |
May 07, 2024 |
2nd report cal. |
May 06, 2024 |
1st report cal.879 |
Jan 03, 2024 |
referred to insurance |
Feb 28, 2023 |
referred to insurance |
Senate Bill S5242A
2023-2024 Legislative Session
Sponsored By
(D, WF) 46th Senate District
Current Bill Status Via A6126 - Passed Senate
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 56th Senate District
2023-S5242 - Details
- See Assembly Version of this Bill:
- A6126
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§3216 & 3221, Ins L
2023-S5242 - Sponsor Memo
BILL NUMBER: S5242 SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law, in relation to prohibiting insurers from reducing disability benefits unless certain conditions are met PURPOSE: To prohibit insurers from reducing long-term disability insurance bene- fits for estimated benefits provided under the federal Social Security Disability Insurance Program unless certain conditions are met. SUMMARY OF PROVISIONS: Section 1 adds a new subsection (n) to § 3216 of the Insurance Law which expressly prohibit insurers from issuing or delivering a policy or certificate for accident and health insurance providing disability bene- fits that authorizes an insurerto offset or reduce benefits due to the actual or reasonably expected eligibility for social security disability benefits or other disability benefits, unless such policy or certificate
2023-S5242 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5242 2023-2024 Regular Sessions I N S E N A T E February 28, 2023 ___________ Introduced by Sen. BRESLIN -- 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 prohibiting insurers from reducing disability benefits unless certain conditions are met THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3216 of the insurance law is amended by adding two new subsections (n) and (o) to read as follows: (N) NO POLICY OR CERTIFICATE OF ACCIDENT AND HEALTH INSURANCE PROVID- ING DISABILITY BENEFITS DELIVERED OR ISSUED FOR DELIVERY TO ANY PERSON IN THIS STATE SHALL CONTAIN ANY PROVISION AUTHORIZING AN INSURER TO OFFSET OR REDUCE BENEFITS DUE TO THE ACTUAL OR ANTICIPATED RECEIPT OF SOCIAL SECURITY DISABILITY BENEFITS OR OTHER DISABILITY BENEFITS, UNLESS SUCH POLICY OR CERTIFICATE NOTIFIES THE INSURED THAT THE INSURED MAY QUALIFY FOR SUCH BENEFITS, AND TO PURSUE SUCH BENEFITS THROUGH ANY REQUIRED ADMINISTRATIVE APPEALS. (O) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF ACCIDENT AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO THE ACTUAL OR ESTIMATED RECEIPT OF SOCIAL SECURITY DISABILITY INSURANCE BENEFITS UNLESS: (1) THE INSURER HAS A REASONABLE, GOOD FAITH BELIEF THAT THE INSURED IS ENTITLED TO SUCH BENEFITS AND A MEANS OF REASONABLY ESTIMATING THE AMOUNT PAYABLE; (2) THE INSURER MAKES A GOOD FAITH EFFORT TO ASSIST THE INSURED IN APPLYING FOR SUCH BENEFITS; AND (3) THE INSURED FAILS TO APPLY FOR, OR PURSUE, SUCH BENEFITS WITH REASONABLE DILIGENCE DURING THE APPLICATION PROCESS OR ANY REQUIRED APPEALS. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09886-01-3
co-Sponsors
(D, WF) 56th Senate District
2023-S5242A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6126
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§3216 & 3221, Ins L
2023-S5242A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5242A SPONSOR: BRESLIN TITLE OF BILL: An act to amend the insurance law, in relation to prohibiting insurers from reducing disability benefits unless certain conditions are met PURPOSE: The purpose of this bill is to prohibit insurers from reducing long-term disability insurance benefits for estimated benefits provided under the federal Social Security Disability Insurance Program unless certain conditions are met. SUMMARY OF PROVISIONS: This bill would expressly prohibit insurers from issuing or delivering a policy or certificate for accident and'health insurance providing disa- bility benefits that authorizes an insurer to offset or reduce benefits due to the actual or reasonably expected eligibility for social security disability benefits or other disability benefits, unless: (1) the insur-
2023-S5242A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5242--A Cal. No. 879 2023-2024 Regular Sessions I N S E N A T E February 28, 2023 ___________ Introduced by Sens. BRESLIN, COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the insurance law, in relation to prohibiting insurers from reducing disability benefits unless certain conditions are met THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3216 of the insurance law is amended by adding two new subsection (n) to read as follows: (N) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF ACCIDENT AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO THE ACTUAL OR ESTIMATED RECEIPT OF SOCIAL SECURITY DISABILITY INSURANCE BENEFITS UNLESS: (1) THE INSURER HAS A REASONABLE, GOOD FAITH BELIEF THAT THE INSURED IS ENTITLED TO SUCH BENEFITS AND A MEANS OF REASONABLY ESTIMATING THE AMOUNT PAYABLE; (2) THE INSURER NOTIFIES THE INSURED THAT THE INSURED MAY QUALIFY FOR SUCH BENEFITS AND TO PURSUE SUCH BENEFITS THROUGH ANY REQUIRED ADMINIS- TRATIVE APPEALS; (3) THE INSURER MAKES A GOOD FAITH EFFORT TO ASSIST THE INSURED IN APPLYING FOR SUCH BENEFITS; AND (4) THE INSURED FAILS TO APPLY FOR, OR PURSUE, SUCH BENEFITS WITH REASONABLE DILIGENCE DURING THE APPLICATION PROCESS OR ANY REQUIRED APPEALS. § 2. Section 3221 of the insurance law is amended by adding a new subsection (u) to read as follows: (U) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF ACCIDENT AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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