NY State Senate Bill 2009-S960

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2010	print number 960b
Jan 15, 2010	amend and recommit to insurance
Jan 06, 2010	referred to insurance
May 15, 2009	print number 960a
May 15, 2009	amend and recommit to insurance
Jan 22, 2009	referred to insurance

2009-S960 - Details

Current Committee:: Senate Insurance
Laws Affected:: Amd §§3216, 3221, 4304 & 4305, Ins L

2009-S960 - Summary

Requires insurers providing family health insurance coverage to offer coverage for the domestic partner of an insured person according to qualification standards to be adopted by the superintendent.

2009-S960 - Sponsor Memo

                                 BILL NUMBER:  S960

 TITLE OF BILL :
An act to amend the insurance law, in relation to health insurance
benefits for domestic partners


 PURPOSE :
When requested by an employer group or individual purchasing health
coverage, a health plan shall provide health insurance coverage for
domestic partners.

 SUMMARY OF PROVISIONS :
Section one of the bill amends section 3 of subsection (a) of section
3216 to revise the definition of the term "family" and adds a
definition of the term "domestic partner."

Section two requires the superintendent of insurance to promulgate
regulations for the qualification of domestic partners under
commercial health insurance policies issued to individuals. Such
regulations shall include provisions to limit coverage to one domestic
partner, provide coverage for children of domestic partners of the
insured, and provide coverage for individuals who submit legal proof
of domestic partnership or similar relationships. It shall also
provide for: allowing affidavits attesting to a domestic partnership
to be submitted as proof of relationship, notification procedures for

the termination of domestic partnerships, requirements for prior
cohabitation, and acceptance of documents which are commonly accepted
from married persons as proof of residence and financial
interdependence.

Sections three, four, and five make similar changes to health coverage
issued by commercial insurers to groups, and to individual and group
coverage issued by nonprofit insurers and HMOs.

Section six sets out the effective date.

 JUSTIFICATION :
Current law and regulations permit insurers, nonprofit health plans
and HMOs to offer health insurance coverage for domestic partners.
Many insurers and health plans, however, refuse to provide domestic
partner coverage to individuals and smaller employer groups.  This
legislation would allow employer groups and individuals to
successfully request that their health plan provide benefits to
qualified domestic partners. This legislation also puts in several
safeguards to prevent abuse of the new domestic partnership provisions
by requiring the New York State Superintendent of Insurance to devise
. specific qualification standards for domestic partners. These
standards include the types of proof required to demonstrate that a
person is a qualified domestic partner and limit of one domestic
partner per policy holder.

 LEGISLATIVE HISTORY :
Senate:
2007-08:  S.3873 Referred to Insurance
2005-06: Referred to Insurance
Assembly:
2004: Passed Assembly
2005-06: Passed Assembly

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S960 - Bill Text download pdf

co-Sponsors

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2009-S960A - Details

Current Committee:: Senate Insurance
Laws Affected:: Amd §§3216, 3221, 4304 & 4305, Ins L

2009-S960A - Summary

Requires insurers providing family health insurance coverage to offer coverage for the domestic partner of an insured person according to qualification standards to be adopted by the superintendent.

2009-S960A - Sponsor Memo

                                 BILL NUMBER:  S960A

 TITLE OF BILL :
An act to amend the insurance law, in relation to health insurance
benefits for domestic partners


 PURPOSE :
When requested by an employer group or individual purchasing health
coverage, a health plan shall provide health insurance coverage for
domestic partners.

 SUMMARY OF PROVISIONS :
Section one of the bill amends section 3 of subsection (a) of section
3216 to revise the definition of the term "family" and adds a
definition of the term "domestic partner."

Section two requires the superintendent of insurance to promulgate
regulations for the qualification of domestic partners under
commercial health insurance policies issued to individuals. Such
regulations shall include provisions to limit coverage to one domestic
partner, provide coverage for children of domestic partners of the
insured, and provide coverage for individuals who submit legal proof
of domestic partnership or similar relationships. It shall also
provide for: allowing affidavits attesting to a domestic partnership
to be submitted as proof of relationship, notification procedures for

the termination of domestic partnerships, requirements for prior
cohabitation, and acceptance of documents which are commonly accepted
from married persons as proof of residence and financial
interdependence.

Sections three, four, and five make similar changes to health coverage
issued by commercial insurers to groups, and to individual and group
coverage issued by nonprofit insurers and HMOs.

Section six sets out the effective date.

 JUSTIFICATION :
Current law and regulations permit insurers, nonprofit health plans
and HMOs to offer health insurance coverage for domestic partners.
Many insurers and health plans, however, refuse to provide domestic
partner coverage to individuals and smaller employer groups. This
legislation would allow employer groups and individuals to
successfully request that their health plan provide benefits to
qualified domestic partners. This legislation also puts in several
safeguards to prevent abuse of the new domestic partnership provisions
by requiring the New York State Superintendent of Insurance to devise
. specific qualification standards for domestic partners. These
standards include the types of proof required to demonstrate that a
person is a qualified domestic partner and limit of one domestic
partner per policy holder.

 LEGISLATIVE HISTORY :
Senate:
2007-08: S.3873 Referred to Insurance
2005-06: Referred to Insurance
Assembly:
2004: Passed Assembly
2005-06: Passed Assembly

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S960A - Bill Text download pdf

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

                                 960--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON,  ADAMS,  DIAZ, DUANE, FOLEY, KRUEGER,
  MONTGOMERY,  ONORATO,  PARKER,  SAMPSON,  SAVINO,  SERRANO,  STAVISKY,
  THOMPSON  --  read  twice  and ordered printed, and when printed to be
  committed 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 health insurance bene-
  fits for domestic partners

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

  Section 1. Paragraph 3 of subsection (a) of section 3216 of the insur-
ance law is amended and a new paragraph 5 is added to read as follows:
  (3)  "Family" may include husband, wife, DOMESTIC PARTNER or dependent
children, or any other person dependent upon the policyholder.
  (5) "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO WITH RESPECT TO ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING,  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE LENGTH OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  S 2. Paragraph 4 of subsection (c) of section 3216  of  the  insurance
law is amended by adding a new subparagraph (D) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00041-04-9

S. 960--A                           2

  (D)  THE  SUPERINTENDENT  SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH, PROVIDE FOR QUALIFICATION STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATIONS:
  (I)  SHALL  PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC PARTNER AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE  AS
A  DOMESTIC  PARTNER  OF  ANYONE  LESS THAN EIGHTEEN YEARS OF AGE OR ANY
PERSON WHO IS RELATED TO THE OTHER PERSON BY  BLOOD  IN  A  MANNER  THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (II) SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A DOMESTIC
PARTNER  UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (III) SHALL INCLUDE A PROVISION WHICH DEEMS AS  QUALIFIED  ANY  PERSON
WHO SUBMITS PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC PART-
NERSHIP,  OR  SIMILAR  RELATIONSHIP,  ENTERED  INTO  WITH THE INSURED OR
CERTIFICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES OR  OF  ANY
STATE, LOCAL OR FOREIGN JURISDICTION;
  (IV)  SHALL,  AS  AN ALTERNATIVE TO CLAUSE (III) OF THIS SUBPARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING, BUT NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO  THE  RELATION-
SHIP;
  (V)  SHALL  PROVIDE  FOR REASONABLE PROCEDURES FOR NOTIFICATION OF THE
CORPORATION BY THE INSURED OR CERTIFICATE  HOLDER  OF  THE  END  OF  THE
DOMESTIC PARTNER RELATIONSHIP;
  (VI)  MAY,  FOR  PERSONS  WHO  ARE NOT DEEMED AS QUALIFIED PURSUANT TO
CLAUSE (III) OR (IV) OF THIS SUBPARAGRAPH, INCLUDE PROVISIONS  REQUIRING
PRIOR COHABITATION OF THE INSURED OR CERTIFICATE HOLDER AND THE DOMESTIC
PARTNER,  PROVIDED  THAT  SUCH  PERIOD  OF REQUIRED COHABITATION MAY NOT
EXCEED SIX MONTHS; AND
  (VII) MAY, FOR PERSONS WHO ARE NOT DEEMED  AS  QUALIFIED  PURSUANT  TO
CLAUSE  (III)  OR  (IV)  OF THIS SUBPARAGRAPH, REQUIRE THE SUBMISSION OF
REASONABLE DOCUMENTATION OF RESIDENCE AND FINANCIAL  INTERDEPENDENCE  OF
THE KIND COMMONLY AVAILABLE TO MARRIED PERSONS INCLUDING, BUT NOT LIMIT-
ED  TO, INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS,
LEASES, DEEDS,  JOINT  BANKING  AND  CREDIT  CARD  ACCOUNTS,  RETIREMENT
ACCOUNTS AND INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S  3.  Section  3221 of the insurance law is amended by adding two new
subsections (r) and (s) to read as follows:
  (R) A GROUP POLICY PROVIDING HOSPITAL,  SURGICAL  OR  MEDICAL  EXPENSE
INSURANCE  OTHER  THAN ACCIDENT ONLY TO A FAMILY MEMBER OF THE POLICY OR
CERTIFICATE HOLDER MUST, IF REQUESTED BY THE POLICYHOLDER,  MAKE  AVAIL-
ABLE  AND,  IF  REQUESTED  BY THE INSURED OR CERTIFICATE HOLDER, PROVIDE
COVERAGE FOR THE DOMESTIC PARTNER OF THE INSURED OR CERTIFICATE  HOLDER.
FOR THE PURPOSES OF THIS SECTION, "DOMESTIC PARTNER" SHALL MEAN A PERSON
WHO WITH RESPECT TO ANOTHER PERSON:
  (1) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR  REGIS-
TERED  AS  THE  DOMESTIC  PARTNER  OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY  STATE,  MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (2)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON

S. 960--A                           3

HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS OR  THE  LENGTH  OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (S)  THE  SUPERINTENDENT  SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS SUBSECTION, PROVIDE FOR  QUALIFICATION  STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION.  SUCH REGULATIONS:
  (1)  SHALL  PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC PARTNER AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE  AS
A  DOMESTIC  PARTNER  OF  ANYONE  LESS THAN EIGHTEEN YEARS OF AGE OR ANY
PERSON WHO IS RELATED TO THE OTHER PERSON BY  BLOOD  IN  A  MANNER  THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (2)  SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A DOMESTIC
PARTNER UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A  DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (3)  SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON WHO
SUBMITS PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC  PARTNER-
SHIP,  OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR CERTIF-
ICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES, OR OF ANY STATE,
LOCAL OR FOREIGN JURISDICTION;
  (4) SHALL, AS AN ALTERNATIVE TO PARAGRAPH THREE  OF  THIS  SUBSECTION,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING,  BUT  NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO THE RELATION-
SHIP;
  (5) SHALL PROVIDE FOR REASONABLE PROCEDURES FOR  NOTIFICATION  OF  THE
INSURER  BY THE INSURED OR CERTIFICATE HOLDER OF THE END OF THE DOMESTIC
PARTNER RELATIONSHIP;
  (6) MAY, FOR PERSONS NOT DEEMED AS  QUALIFIED  PURSUANT  TO  PARAGRAPH
THREE  OR  FOUR  OF  THIS SUBSECTION, INCLUDE PROVISIONS REQUIRING PRIOR
COHABITATION OF THE INSURED OR CERTIFICATE HOLDER AND THE DOMESTIC PART-
NER, PROVIDED THAT SUCH PERIOD OF REQUIRED COHABITATION MAY  NOT  EXCEED
SIX MONTHS; AND
  (7)  MAY,  FOR  PERSONS  NOT DEEMED AS QUALIFIED PURSUANT TO PARAGRAPH
THREE OR FOUR OF THIS SUBSECTION, REQUIRE THE SUBMISSION  OF  REASONABLE
DOCUMENTATION  OF  RESIDENCE  AND  FINANCIAL INTERDEPENDENCE OF THE KIND
COMMONLY AVAILABLE TO MARRIED PERSONS INCLUDING,  BUT  NOT  LIMITED  TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS,  JOINT  BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT ACCOUNTS AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 4. Paragraph 1 of subsection (d) of section 4304  of  the  insurance
law,  as  amended by section 65-e of part A of chapter 58 of the laws of
2007, is amended and two new paragraphs 4 and 5 are  added  to  read  as
follows:
  (1)  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  provide that benefits will be furnished to a
husband and wife, or husband, wife OR DOMESTIC PARTNER and their depend-
ent 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  twen-
ty-three  years  of  age, provided that the coverage of any such "family
contract" may include, at the option of the insurer, any unmarried 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

S. 960--A                           4

reason  of mental illness, developmental disability, mental retardation,
as defined in the mental hygiene  law,  or  physical  handicap  and  who
became  so  incapable  prior to attainment of the age at which dependent
coverage would otherwise terminate, so that such child may be considered
a  dependent. Notwithstanding any rule, regulation or law to the contra-
ry, any  "family  contract"  shall  provide  that  coverage  of  newborn
infants,  including  newly  born  infants  adopted  by  the  insured  or
subscriber if such insured or subscriber takes physical custody  of  the
infant upon such infant's release from the hospital and files a petition
pursuant  to section one hundred fifteen-c of the domestic relations law
within thirty days of birth; and provided  further  that  no  notice  of
revocation  to  the  adoption  has  been  filed  pursuant to section one
hundred fifteen-b of the domestic  relations  law  and  consent  to  the
adoption  has  not  been  revoked, shall be effective from the moment of
birth for injury or sickness including the necessary care and  treatment
of  medically  diagnosed  congenital  defects  and  birth  abnormalities
including premature birth, except that in cases of adoption, coverage of
the initial hospital stay shall not be required where a birth parent has
insurance coverage available  for  the  infant's  care.  This  provision
regarding  coverage  of  newborn  infants  shall not apply to two person
coverage. In the case of individual or two person coverages  the  corpo-
ration must also permit the person to whom the policy is issued to elect
such  coverage of newborn infants from the moment of birth. If notifica-
tion and/or payment of an additional premium or contribution is required
to make coverage effective  for  a  newborn  infant,  the  coverage  may
provide  that  such  notice  and/or  payment be made within no less than
thirty days of the day of birth to  make  coverage  effective  from  the
moment  of  birth.  This  election  shall not be required in the case of
student insurance or where the group remitting  agent's  plan  does  not
provide coverage for dependent children.
  (4) A HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION WHICH
PROVIDES  A  "FAMILY  CONTRACT"  TO  AN  INDIVIDUAL  OR A GROUP MUST, IF
REQUESTED BY THE POLICYHOLDER, MAKE AVAILABLE AND, IF REQUESTED  BY  THE
INSURED OR CERTIFICATE HOLDER, PROVIDE COVERAGE FOR THE DOMESTIC PARTNER
OF  THE INSURED OR CERTIFICATE HOLDER. FOR THE PURPOSES OF THIS SECTION,
"DOMESTIC PARTNER" SHALL MEAN A  PERSON  WHO  WITH  RESPECT  TO  ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR  REGIS-
TERED  AS  THE  DOMESTIC  PARTNER  OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY  STATE,  MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE  LENGTH  OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (5)  THE  SUPERINTENDENT  SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDE  FOR  QUALIFICATION  STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATION:
  (A)  SHALL  PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC PARTNER AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE  AS

S. 960--A                           5

A  DOMESTIC  PARTNER  OF  ANYONE  LESS THAN EIGHTEEN YEARS OF AGE OR ANY
PERSON WHO IS RELATED TO THE OTHER PERSON BY  BLOOD  IN  A  MANNER  THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (B)  SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A DOMESTIC
PARTNER UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A  DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (C)  SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON WHO
SUBMITS PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC  PARTNER-
SHIP,  OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR CERTIF-
ICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES OR OF ANY  STATE,
LOCAL OR FOREIGN JURISDICTION;
  (D)  SHALL,  AS  AN ALTERNATIVE TO SUBPARAGRAPH (C) OF THIS PARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING, BUT NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO  THE  RELATION-
SHIP;
  (E)  SHALL  PROVIDE  FOR REASONABLE PROCEDURES FOR NOTIFICATION OF THE
CORPORATION BY THE INSURED OR CERTIFICATE  HOLDER  OF  THE  END  OF  THE
DOMESTIC PARTNER RELATIONSHIP;
  (F)  MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO SUBPARAGRAPH
(C) OR (D) OF THIS PARAGRAPH, INCLUDE PROVISIONS REQUIRING PRIOR COHABI-
TATION OF THE INSURED OR CERTIFICATE HOLDER AND  THE  DOMESTIC  PARTNER,
PROVIDED  THAT  SUCH  PERIOD OF REQUIRED COHABITATION MAY NOT EXCEED SIX
MONTHS; AND
  (G) MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO  SUBPARAGRAPH
(C)  OR  (D)  OF  THIS  PARAGRAPH,  REQUIRE THE SUBMISSION OF REASONABLE
DOCUMENTATION OF RESIDENCE AND FINANCIAL  INTERDEPENDENCE  OF  THE  KIND
COMMONLY  AVAILABLE  TO  MARRIED  PERSONS INCLUDING, BUT NOT LIMITED TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS, JOINT BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT  ACCOUNTS  AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S  5.  Paragraph  1 of subsection (c) of section 4305 of the insurance
law, as amended by chapter 312 of the laws of 2002, is amended  and  two
new paragraphs 3 and 4 are added to read as follows:
  (1) Any such contract may provide that benefits will be furnished to a
member  of  a  covered group, for [himself, his spouse, his] SUCH MEMBER
AND THE SPOUSE, DOMESTIC PARTNER, child or children OF SUCH  MEMBER,  or
other  persons chiefly dependent upon him OR HER for support and mainte-
nance; provided that a contract under which coverage of a dependent of a
member terminates at a specified age shall, with respect to an unmarried
child who is incapable of self-sustaining employment by reason of mental
illness, developmental disability, mental retardation, as defined in the
mental hygiene law, or physical handicap and  who  became  so  incapable
prior  to attainment of the age at which dependent coverage would other-
wise terminate and who is chiefly dependent upon such member for support
and maintenance, not so terminate while the contract  remains  in  force
and  the  dependent  remains in such condition, if the member has within
thirty-one days of such dependent's attainment of  the  termination  age
submitted  proof  of  such  dependent's  incapacity as described herein.
Notwithstanding any  rule,  regulation  or  law  to  the  contrary,  any
contract  under which a member elects coverage for [himself, his spouse,
his] SUCH MEMBER AND THE SPOUSE, DOMESTIC  PARTNER,  children  or  other
persons  chiefly  dependent  upon him OR HER for support and maintenance
shall provide that coverage of newborn  infants,  including  newly  born
infants  adopted  by  the  insured  or  subscriber  if  such  insured or
subscriber takes physical custody  of  the  infant  upon  such  infant's

S. 960--A                           6

release  from  the hospital and files a petition pursuant to section one
hundred fifteen-c of the domestic relations law within  thirty  days  of
birth; and provided further that no notice of revocation to the adoption
has been filed pursuant to section one hundred fifteen-b of the domestic
relations law and consent to the adoption has not been revoked, shall be
effective  from the moment of birth for injury or sickness including the
necessary care and treatment of medically diagnosed  congenital  defects
and  birth abnormalities including premature birth, except that in cases
of adoption, coverage of the initial hospital stay shall not be required
where a birth parent has insurance coverage available for  the  infant's
care.  This  provision  regarding  coverage of newborn infants shall not
apply to two person coverage. In the case of individual  or  two  person
coverages  the  corporation  must  also  permit  the  person to whom the
certificate is issued to elect such coverage of newborn infants from the
moment of birth. If notification and/or payment of an additional premium
or contribution is required to make coverage  effective  for  a  newborn
infant, the coverage may provide that such notice and/or payment be made
within  no  less  than  thirty days of the day of birth to make coverage
effective from the moment of birth.  This election shall not be required
in the case of student insurance or where  the  group's  plan  does  not
provide coverage for dependent children.
  (3) A HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION WHICH
PROVIDES  A  "FAMILY  CONTRACT"  TO  AN  INDIVIDUAL  OR A GROUP MUST, IF
REQUESTED BY THE POLICYHOLDER, MAKE AVAILABLE AND, IF REQUESTED  BY  THE
INSURED OR CERTIFICATE HOLDER, PROVIDE COVERAGE FOR THE DOMESTIC PARTNER
OF  THE INSURED OR CERTIFICATE HOLDER. FOR THE PURPOSES OF THIS SECTION,
"DOMESTIC PARTNER" SHALL MEAN A  PERSON  WHO  WITH  RESPECT  TO  ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR  REGIS-
TERED  AS  THE  DOMESTIC  PARTNER  OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY  STATE,  MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
MUTUAL  INTENT  TO  BE  DOMESTIC PARTNERS INCLUDING, BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE  LENGTH  OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (4)  THE  SUPERINTENDENT  SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDE  FOR  QUALIFICATION  STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATIONS:
  (A)  SHALL  PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC PARTNER AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE  AS
A  DOMESTIC  PARTNER  OF  ANYONE  LESS THAN EIGHTEEN YEARS OF AGE OR ANY
PERSON WHO IS RELATED TO THE OTHER PERSON BY  BLOOD  IN  A  MANNER  THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (B)  SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A DOMESTIC
PARTNER UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A  DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (C)  SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON WHO
SUBMITS PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC  PARTNER-

S. 960--A                           7

SHIP,  OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR CERTIF-
ICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES, OR OF ANY STATE,
LOCAL OR FOREIGN JURISDICTION;
  (D)  SHALL,  AS  AN ALTERNATIVE TO SUBPARAGRAPH (C) OF THIS PARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING, BUT NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO  THE  RELATION-
SHIP;
  (E)  SHALL  PROVIDE  FOR REASONABLE PROCEDURES FOR NOTIFICATION OF THE
CORPORATION BY THE INSURED OR CERTIFICATE  HOLDER  OF  THE  END  OF  THE
DOMESTIC PARTNER RELATIONSHIP;
  (F)  MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO SUBPARAGRAPH
(C) OR (D) OF THIS PARAGRAPH, INCLUDE PROVISIONS REQUIRING PRIOR COHABI-
TATION OF THE INSURED OR CERTIFICATE HOLDER AND  THE  DOMESTIC  PARTNER,
PROVIDED  THAT  SUCH  PERIOD OF REQUIRED COHABITATION MAY NOT EXCEED SIX
MONTHS; AND
  (G) MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO  SUBPARAGRAPH
(C)  OR  (D)  OF  THIS  PARAGRAPH,  REQUIRE THE SUBMISSION OF REASONABLE
DOCUMENTATION OF RESIDENCE AND FINANCIAL  INTERDEPENDENCE  OF  THE  KIND
COMMONLY  AVAILABLE  TO  MARRIED  PERSONS INCLUDING, BUT NOT LIMITED TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS, JOINT BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT  ACCOUNTS  AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 6. This act shall take effect immediately.

co-Sponsors

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2009-S960B (ACTIVE) - Details

Current Committee:: Senate Insurance
Laws Affected:: Amd §§3216, 3221, 4304 & 4305, Ins L

2009-S960B (ACTIVE) - Summary

Requires insurers providing family health insurance coverage to offer coverage for the domestic partner of an insured person according to qualification standards to be adopted by the superintendent.

2009-S960B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S960B

 TITLE OF BILL :
An act to amend the insurance law, in relation to health insurance
benefits for domestic partners


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would require a health plan to provide health insurance
coverage for domestic partners, when such coverage is requested by an
employer group or individual purchasing health insurance, but does not
impose any mandates on employers.

 SUMMARY OF SPECIFIC PROVISIONS :
Sections one and two of the bill amend Insurance Law §3216, which
governs individual accident and health insurance policies. section one
of the bill amends paragraph 3 of subsection (a) by revising the
definition of family and adding a definition of domestic partner.
Section two of the bill requires the superintendent of insurance to
promulgate regulations that establish qualification standards for
domestic partners under commercial health insurance policies issued to
individuals. Such regulations shall limit coverage to one domestic
partner and provide coverage for children of domestic partners of the
insured. The regulations shall also provide for various forms of proof
of domestic partnership as well as notification procedures to the
insurer of the termination of a domestic partnership.

Sections 3, 4, and 5 of the bill make similar changes to Insurance law

§§ 3221, 4304, and 4305 with respect to health coverage policies
issued by commercial insurers to groups, and to individual and group
coverage issued by non-profit insurers and HMOs. section 6 of the bill
is the effective date. The A-print corrects a typographical error in
section 5 of the bill, on page 7, line 21. The B-print makes technical
amendments to reflect, and conform to, legislation that chaptered in
2009.

 JUSTIFICATION :
Current law and regulations permit insurers, non-profit health plans
and HMOs to offer health insurance coverage for domestic partners.
Many insurers and health plans, however, refuse to provide domestic
partner coverage to individuals and smaller employer groups.  This
legislation would allow employer groups and individuals to
successfully request that their health plan provide benefits to
qualified domestic partners. The bill does not impose any mandates on
employers.  This legislation also includes safeguards to prevent abuse
of the new domestic partnership provisions by requiring qualification
standards for domestic partners and prohibiting coverage of more than
one domestic partner at the same time.

 PRIOR LEGISLATIVE HISTORY :
A.3251-A/S.3873 (2007-08:  passed Assembly both years; technical
amendment made in the Assembly in 2008 but not in the Senate);
A.2224/S.5635 (2005-06; passed Assembly both years); A.11464 (2004;
passed Assembly)

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S960B (ACTIVE) - Bill Text download pdf

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

                                 960--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON,  ADAMS,  DIAZ, DUANE, FOLEY, KRUEGER,
  MONTGOMERY,  ONORATO,  PARKER,  SAMPSON,  SAVINO,  SERRANO,  STAVISKY,
  THOMPSON  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Insurance -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the Committee on Insurance  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to health insurance bene-
  fits for domestic partners

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

  Section 1. Paragraph 3 of subsection (a) of section 3216 of the insur-
ance law is amended and a new paragraph 5 is added to read as follows:
  (3)  "Family" may include husband, wife, DOMESTIC PARTNER or dependent
children, or any other person dependent upon the policyholder.
  (5) "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO WITH RESPECT TO ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING,  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE LENGTH OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00041-07-0

S. 960--B                           2

  S 2. Paragraph 4 of subsection (c) of section 3216  of  the  insurance
law is amended by adding a new subparagraph (D) to read as follows:
  (D)  THE  SUPERINTENDENT  SHALL, WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH, PROVIDE FOR QUALIFICATION STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATIONS:
  (I) SHALL PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC  PARTNER  AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF  AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE AS
A DOMESTIC PARTNER OF ANYONE LESS THAN EIGHTEEN  YEARS  OF  AGE  OR  ANY
PERSON  WHO  IS  RELATED  TO  THE OTHER PERSON BY BLOOD IN A MANNER THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (II) SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A DOMESTIC
PARTNER UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A  DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (III)  SHALL  INCLUDE  A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON
WHO SUBMITS PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC PART-
NERSHIP, OR SIMILAR RELATIONSHIP,  ENTERED  INTO  WITH  THE  INSURED  OR
CERTIFICATE  HOLDER  PURSUANT TO THE LAWS OF THE UNITED STATES OR OF ANY
STATE, LOCAL OR FOREIGN JURISDICTION;
  (IV) SHALL, AS AN ALTERNATIVE TO CLAUSE (III)  OF  THIS  SUBPARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING,  BUT  NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO THE RELATION-
SHIP;
  (V) SHALL PROVIDE FOR REASONABLE PROCEDURES FOR  NOTIFICATION  OF  THE
CORPORATION  BY  THE  INSURED  OR  CERTIFICATE  HOLDER OF THE END OF THE
DOMESTIC PARTNER RELATIONSHIP;
  (VI) MAY, FOR PERSONS WHO ARE NOT  DEEMED  AS  QUALIFIED  PURSUANT  TO
CLAUSE  (III) OR (IV) OF THIS SUBPARAGRAPH, INCLUDE PROVISIONS REQUIRING
PRIOR COHABITATION OF THE INSURED OR CERTIFICATE HOLDER AND THE DOMESTIC
PARTNER, PROVIDED THAT SUCH PERIOD  OF  REQUIRED  COHABITATION  MAY  NOT
EXCEED SIX MONTHS; AND
  (VII)  MAY,  FOR  PERSONS  WHO ARE NOT DEEMED AS QUALIFIED PURSUANT TO
CLAUSE (III) OR (IV) OF THIS SUBPARAGRAPH,  REQUIRE  THE  SUBMISSION  OF
REASONABLE  DOCUMENTATION  OF RESIDENCE AND FINANCIAL INTERDEPENDENCE OF
THE KIND COMMONLY AVAILABLE TO MARRIED PERSONS INCLUDING, BUT NOT LIMIT-
ED TO, INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY  BILLS,
LEASES,  DEEDS,  JOINT  BANKING  AND  CREDIT  CARD  ACCOUNTS, RETIREMENT
ACCOUNTS AND INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 3. Section 3221 of the insurance law is amended by  adding  two  new
subsections (s) and (t) to read as follows:
  (S)  A  GROUP  POLICY  PROVIDING HOSPITAL, SURGICAL OR MEDICAL EXPENSE
INSURANCE OTHER THAN ACCIDENT ONLY TO A FAMILY MEMBER OF THE  POLICY  OR
CERTIFICATE  HOLDER  MUST, IF REQUESTED BY THE POLICYHOLDER, MAKE AVAIL-
ABLE AND, IF REQUESTED BY THE INSURED  OR  CERTIFICATE  HOLDER,  PROVIDE
COVERAGE  FOR THE DOMESTIC PARTNER OF THE INSURED OR CERTIFICATE HOLDER.
FOR THE PURPOSES OF THIS SECTION, "DOMESTIC PARTNER" SHALL MEAN A PERSON
WHO WITH RESPECT TO ANOTHER PERSON:
  (1) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (2) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A

S. 960--B                           3

MUTUAL INTENT TO BE DOMESTIC PARTNERS  INCLUDING  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT  TO MARRY OR BECOME DOMESTIC PARTNERS OR THE LENGTH OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (T) THE SUPERINTENDENT SHALL, WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE
EFFECTIVE  DATE  OF THIS SUBSECTION, PROVIDE FOR QUALIFICATION STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION.  SUCH REGULATIONS:
  (1) SHALL PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC  PARTNER  AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF  AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE AS
A DOMESTIC PARTNER OF ANYONE LESS THAN EIGHTEEN  YEARS  OF  AGE  OR  ANY
PERSON  WHO  IS  RELATED  TO  THE OTHER PERSON BY BLOOD IN A MANNER THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (2) SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A  DOMESTIC
PARTNER  UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (3) SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON  WHO
SUBMITS  PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC PARTNER-
SHIP, OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR  CERTIF-
ICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES, OR OF ANY STATE,
LOCAL OR FOREIGN JURISDICTION;
  (4)  SHALL,  AS  AN ALTERNATIVE TO PARAGRAPH THREE OF THIS SUBSECTION,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING, BUT NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO  THE  RELATION-
SHIP;
  (5)  SHALL  PROVIDE  FOR REASONABLE PROCEDURES FOR NOTIFICATION OF THE
INSURER BY THE INSURED OR CERTIFICATE HOLDER OF THE END OF THE  DOMESTIC
PARTNER RELATIONSHIP;
  (6)  MAY,  FOR  PERSONS  NOT DEEMED AS QUALIFIED PURSUANT TO PARAGRAPH
THREE OR FOUR OF THIS SUBSECTION,  INCLUDE  PROVISIONS  REQUIRING  PRIOR
COHABITATION OF THE INSURED OR CERTIFICATE HOLDER AND THE DOMESTIC PART-
NER,  PROVIDED  THAT SUCH PERIOD OF REQUIRED COHABITATION MAY NOT EXCEED
SIX MONTHS; AND
  (7) MAY, FOR PERSONS NOT DEEMED AS  QUALIFIED  PURSUANT  TO  PARAGRAPH
THREE  OR  FOUR OF THIS SUBSECTION, REQUIRE THE SUBMISSION OF REASONABLE
DOCUMENTATION OF RESIDENCE AND FINANCIAL  INTERDEPENDENCE  OF  THE  KIND
COMMONLY  AVAILABLE  TO  MARRIED  PERSONS INCLUDING, BUT NOT LIMITED TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS, JOINT BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT  ACCOUNTS  AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 4. 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 and two new paragraphs 4 and 5 are added 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 provide that benefits will  be  furnished  to  a
husband and wife, or husband, wife OR DOMESTIC PARTNER and their depend-
ent  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 twen-
ty-three years of age, provided that the coverage of  any  such  "family
contract" may include, at the option of the insurer, any unmarried child
until  attaining age twenty-five, and provided also that the coverage of
any such "family contract" shall  include  any  other  unmarried  child,

S. 960--B                           4

regardless  of  age,  who  is incapable of self-sustaining employment by
reason of mental illness, developmental disability, mental  retardation,
as  defined  in  the  mental  hygiene  law, or physical handicap and who
became  so  incapable  prior to attainment of the age at which dependent
coverage would otherwise terminate, so that such child may be considered
a dependent.
  (4) A HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION WHICH
PROVIDES A "FAMILY CONTRACT" TO  AN  INDIVIDUAL  OR  A  GROUP  MUST,  IF
REQUESTED  BY  THE POLICYHOLDER, MAKE AVAILABLE AND, IF REQUESTED BY THE
INSURED OR CERTIFICATE HOLDER, PROVIDE COVERAGE FOR THE DOMESTIC PARTNER
OF THE INSURED OR CERTIFICATE HOLDER. FOR THE PURPOSES OF THIS  SECTION,
"DOMESTIC  PARTNER"  SHALL  MEAN  A  PERSON  WHO WITH RESPECT TO ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS  INCLUDING  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE LENGTH OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (5) THE SUPERINTENDENT SHALL, WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE
EFFECTIVE  DATE  OF  THIS PARAGRAPH, PROVIDE FOR QUALIFICATION STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATION:
  (A) SHALL PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC  PARTNER  AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF  AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE AS
A DOMESTIC PARTNER OF ANYONE LESS THAN EIGHTEEN  YEARS  OF  AGE  OR  ANY
PERSON  WHO  IS  RELATED  TO  THE OTHER PERSON BY BLOOD IN A MANNER THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (B) SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A  DOMESTIC
PARTNER  UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (C) SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON  WHO
SUBMITS  PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC PARTNER-
SHIP, OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR  CERTIF-
ICATE  HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES OR OF ANY STATE,
LOCAL OR FOREIGN JURISDICTION;
  (D) SHALL, AS AN ALTERNATIVE TO SUBPARAGRAPH (C)  OF  THIS  PARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING,  BUT  NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO THE RELATION-
SHIP;
  (E) SHALL PROVIDE FOR REASONABLE PROCEDURES FOR  NOTIFICATION  OF  THE
CORPORATION  BY  THE  INSURED  OR  CERTIFICATE  HOLDER OF THE END OF THE
DOMESTIC PARTNER RELATIONSHIP;
  (F) MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO  SUBPARAGRAPH
(C) OR (D) OF THIS PARAGRAPH, INCLUDE PROVISIONS REQUIRING PRIOR COHABI-
TATION  OF  THE  INSURED OR CERTIFICATE HOLDER AND THE DOMESTIC PARTNER,
PROVIDED THAT SUCH PERIOD OF REQUIRED COHABITATION MAY  NOT  EXCEED  SIX
MONTHS; AND

S. 960--B                           5

  (G)  MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO SUBPARAGRAPH
(C) OR (D) OF THIS  PARAGRAPH,  REQUIRE  THE  SUBMISSION  OF  REASONABLE
DOCUMENTATION  OF  RESIDENCE  AND  FINANCIAL INTERDEPENDENCE OF THE KIND
COMMONLY AVAILABLE TO MARRIED PERSONS INCLUDING,  BUT  NOT  LIMITED  TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS,  JOINT  BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT ACCOUNTS AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 5. Subparagraphs (A) and (C) of paragraph 1  of  subsection  (c)  of
section 4305 of the insurance law, as amended by chapter 240 of the laws
of 2009, are amended and two new paragraphs 3 and 4 are added to read as
follows:
  (A) Any such contract may provide that benefits will be furnished to a
member  of  a  covered group, for [himself, his spouse, his] SUCH MEMBER
AND THE SPOUSE, DOMESTIC PARTNER, child or children OF SUCH  MEMBER,  or
other  persons chiefly dependent upon him OR HER for support and mainte-
nance; provided that a contract under which coverage of a dependent of a
member terminates at a specified age shall, with respect to an unmarried
child who is incapable of self-sustaining employment by reason of mental
illness, developmental disability, mental retardation, as defined in the
mental hygiene law, or physical handicap and  who  became  so  incapable
prior  to attainment of the age at which dependent coverage would other-
wise terminate and who is chiefly dependent upon such member for support
and maintenance, not so terminate while the contract  remains  in  force
and  the  dependent  remains in such condition, if the member has within
thirty-one days of such dependent's attainment of  the  termination  age
submitted proof of such dependent's incapacity as described herein.
  (C)  Notwithstanding  any rule, regulation or law to the contrary, any
contract under which a member elects coverage for [himself, his  spouse,
his]  SUCH  MEMBER  AND  THE SPOUSE, DOMESTIC PARTNER, children or other
persons chiefly dependent upon him OR HER for  support  and  maintenance
shall  provide  that  coverage  of newborn infants, including newly born
infants adopted  by  the  insured  or  subscriber  if  such  insured  or
subscriber  takes  physical  custody  of  the  infant upon such infant's
release from the hospital and files a petition pursuant to  section  one
hundred  fifteen-c  of  the domestic relations law within thirty days of
birth; and provided further that no notice of revocation to the adoption
has been filed pursuant to section one hundred fifteen-b of the domestic
relations law and consent to the adoption has not been revoked, shall be
effective from the moment of birth for injury or sickness including  the
necessary  care  and treatment of medically diagnosed congenital defects
and birth abnormalities including premature birth, except that in  cases
of adoption, coverage of the initial hospital stay shall not be required
where  a  birth parent has insurance coverage available for the infant's
care. This provision regarding coverage of  newborn  infants  shall  not
apply  to  two  person coverage. In the case of individual or two person
coverages the corporation must  also  permit  the  person  to  whom  the
certificate is issued to elect such coverage of newborn infants from the
moment of birth. If notification and/or payment of an additional premium
or  contribution  is  required  to make coverage effective for a newborn
infant, the coverage may provide that such notice and/or payment be made
within no less than thirty days of the day of  birth  to  make  coverage
effective  from the moment of birth. This election shall not be required
in the case of student insurance or where  the  group's  plan  does  not
provide coverage for dependent children.
  (3) A HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION WHICH
PROVIDES  A  "FAMILY  CONTRACT"  TO  AN  INDIVIDUAL  OR A GROUP MUST, IF

S. 960--B                           6

REQUESTED BY THE POLICYHOLDER, MAKE AVAILABLE AND, IF REQUESTED  BY  THE
INSURED OR CERTIFICATE HOLDER, PROVIDE COVERAGE FOR THE DOMESTIC PARTNER
OF  THE INSURED OR CERTIFICATE HOLDER. FOR THE PURPOSES OF THIS SECTION,
"DOMESTIC  PARTNER"  SHALL  MEAN  A  PERSON  WHO WITH RESPECT TO ANOTHER
PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO  THE  LAWS  OF  THE
UNITED  STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE  OTHER  PERSON  WITH  ANY  REGISTRY
MAINTAINED  BY  THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING,  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT TO MARRY OR BECOME DOMESTIC PARTNERS; OR THE LENGTH OF
THE PERSONAL RELATIONSHIP OF THE PERSONS.
  (4) THE SUPERINTENDENT SHALL, WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE
EFFECTIVE  DATE  OF  THIS PARAGRAPH, PROVIDE FOR QUALIFICATION STANDARDS
FOR DOMESTIC PARTNER BENEFITS BY REGULATION. SUCH REGULATIONS:
  (A) SHALL PROHIBIT THE COVERAGE OF MORE THAN ONE DOMESTIC  PARTNER  AT
THE SAME TIME UNDER A FAMILY CONTRACT, OR COVERAGE OF A DOMESTIC PARTNER
OF  AN INSURED OR CERTIFICATE HOLDER WHO IS ALSO MARRIED, OR COVERAGE AS
A DOMESTIC PARTNER OF ANYONE LESS THAN EIGHTEEN  YEARS  OF  AGE  OR  ANY
PERSON  WHO  IS  RELATED  TO  THE OTHER PERSON BY BLOOD IN A MANNER THAT
WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE;
  (B) SHALL PROVIDE FOR THE COVERAGE OF A DEPENDENT CHILD OF A  DOMESTIC
PARTNER  UNDER THE SAME TERMS AND CONDITIONS AS WOULD APPLY TO A DEPEND-
ENT CHILD OF THE INSURED OR CERTIFICATE HOLDER OR SPOUSE OF SUCH INSURED
OR CERTIFICATE HOLDER;
  (C) SHALL INCLUDE A PROVISION WHICH DEEMS AS QUALIFIED ANY PERSON  WHO
SUBMITS  PROOF THAT HE OR SHE IS FORMALLY A PARTY TO A DOMESTIC PARTNER-
SHIP, OR SIMILAR RELATIONSHIP, ENTERED INTO WITH THE INSURED OR  CERTIF-
ICATE HOLDER PURSUANT TO THE LAWS OF THE UNITED STATES, OR OF ANY STATE,
LOCAL OR FOREIGN JURISDICTION;
  (D)  SHALL,  AS  AN ALTERNATIVE TO SUBPARAGRAPH (C) OF THIS PARAGRAPH,
PROVIDE FOR OTHER MEANS OF DEMONSTRATING A DOMESTIC PARTNER RELATIONSHIP
INCLUDING, BUT NOT LIMITED TO, AN AFFIDAVIT ATTESTING TO  THE  RELATION-
SHIP;
  (E)  SHALL  PROVIDE  FOR REASONABLE PROCEDURES FOR NOTIFICATION OF THE
CORPORATION BY THE INSURED OR CERTIFICATE  HOLDER  OF  THE  END  OF  THE
DOMESTIC PARTNER RELATIONSHIP;
  (F)  MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO SUBPARAGRAPH
(C) OR (D) OF THIS PARAGRAPH, INCLUDE PROVISIONS REQUIRING PRIOR COHABI-
TATION OF THE INSURED OR CERTIFICATE HOLDER AND  THE  DOMESTIC  PARTNER,
PROVIDED  THAT  SUCH  PERIOD OF REQUIRED COHABITATION MAY NOT EXCEED SIX
MONTHS; AND
  (G) MAY, FOR PERSONS NOT DEEMED AS QUALIFIED PURSUANT TO  SUBPARAGRAPH
(C)  OR  (D)  OF  THIS  PARAGRAPH,  REQUIRE THE SUBMISSION OF REASONABLE
DOCUMENTATION OF RESIDENCE AND FINANCIAL  INTERDEPENDENCE  OF  THE  KIND
COMMONLY  AVAILABLE  TO  MARRIED  PERSONS INCLUDING, BUT NOT LIMITED TO,
INCOME TAX RETURNS, PASSPORTS, DRIVERS' LICENSES, UTILITY BILLS, LEASES,
DEEDS, JOINT BANKING AND CREDIT CARD ACCOUNTS, RETIREMENT  ACCOUNTS  AND
INSURANCE POLICIES AND BENEFIT STATEMENTS.
  S 6. This act shall take effect immediately.

Senate Bill S960

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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2009-S960A - Details

2009-S960A - Summary

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2009-S960B (ACTIVE) - Details

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Senate Bill S960

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Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

2009-S960 - Details

2009-S960 - Summary

2009-S960 - Sponsor Memo

2009-S960 - Bill Text download pdf

co-Sponsors

2009-S960A - Details

2009-S960A - Summary

2009-S960A - Sponsor Memo

2009-S960A - Bill Text download pdf

co-Sponsors

2009-S960B (ACTIVE) - Details

2009-S960B (ACTIVE) - Summary

2009-S960B (ACTIVE) - Sponsor Memo

2009-S960B (ACTIVE) - Bill Text download pdf

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