S T A T E O F N E W Y O R K
________________________________________________________________________
1158
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SAYWARD, REILICH, TEDISCO, BUTLER, BARCLAY,
AMEDORE -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BALL,
BARRA, BOYLE, BURLING, CALHOUN, CONTE, CROUCH, DUPREY, ERRIGO, FINCH,
FITZPATRICK, GIGLIO, HAWLEY, HAYES, KOLB, P. LOPEZ, McDONOUGH, McKEV-
ITT, MILLER, MOLINARO, OAKS, O'MARA, QUINN, RABBITT, RAIA, SALADINO,
SCOZZAFAVA, THIELE, TOBACCO, TOWNSEND, WALKER -- read once and
referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to standardized health
insurance contracts for qualifying small employers and individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Items (i) and (iii) of subparagraph (A) of paragraph 1 of
subsection (c) of section 4326 of the insurance law, item (i) as amended
and item (iii) as added by chapter 419 of the laws of 2000, are amended
to read as follows:
(i) without health insurance which provides benefits on an expense
reimbursed or prepaid basis in effect during the [twelve] SIX month
period prior to application for a qualifying group health insurance
contract under the program established by this section; and
(iii) except that the requirements set forth in item (i) of this
subparagraph shall not be applicable where an individual proprietor had
health insurance coverage during the previous [twelve] SIX months and
such coverage terminated due to one of the reasons set forth in items
(i) through (viii) of subparagraph (C) of paragraph three of THIS
subsection [(c) of this section]; or
S 2. Item (ii) of subparagraph (B) of paragraph 1 of subsection (c) of
section 4326 of the insurance law, as added by chapter 1 of the laws of
1999, is amended to read as follows:
(ii) no group health insurance which provides benefits on an expense
reimbursed or prepaid basis covering employees in effect during the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03435-01-9
A. 1158 2
[twelve] SIX month period prior to application for a qualifying group
health insurance contract under the program established by this section;
and
S 3. Subparagraph (D) of paragraph 1 of subsection (c) of section 4326
of the insurance law, as added by chapter 1 of the laws of 1999, is
amended to read as follows:
(D) The [twelve] SIX month period set forth in item (i) of subpara-
graph (A) of this paragraph and in item (ii) of subparagraph (B) of this
paragraph may be adjusted by the superintendent from [twelve] SIX months
to [eighteen] TWELVE months if he determines that the [twelve] SIX month
period is insufficient to prevent inappropriate substitution of other
health insurance contracts for qualifying group health insurance
contracts.
S 4. Items (i) and (ii) of subparagraph (A) of paragraph 3 of
subsection (c) of section 4326 of the insurance law, as added by chapter
1 of the laws of 1999, are amended to read as follows:
(i) who does not have and has not had health insurance with benefits
on an expense reimbursed or prepaid basis during the [twelve] SIX month
period prior to the individual's application for health insurance under
the program established by this section;
(ii) whose employer does not provide group health insurance and has
not provided group health insurance with benefits on an expense reim-
bursed or prepaid basis covering employees in effect during the [twelve]
SIX month period prior to the individual's application for health insur-
ance under the program established by this section;
S 5. The opening paragraph of subparagraph (C) of paragraph 3 of
subsection (c) of section 4326 of the insurance law, as amended by chap-
ter 419 of the laws of 2000, is amended to read as follows:
The requirements set forth in items (i) and (ii) of subparagraph (A)
of this paragraph shall not be applicable where an individual had health
insurance coverage during the previous [twelve] SIX months and such
coverage terminated due to:
S 6. Subparagraph (D) of paragraph 3 of subsection (c) of section 4326
of the insurance law, as added by chapter 1 of the laws of 1999, is
amended to read as follows:
(D) The [twelve] SIX month period set forth in items (i) and (ii) of
subparagraph (A) of this paragraph may be adjusted by the superintendent
from [twelve] SIX months to [eighteen] TWELVE months if he determines
that the [twelve] SIX month period is insufficient to prevent inappro-
priate substitution of other health insurance contracts for qualifying
individual health insurance contracts.
S 7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.