S T A T E O F N E W Y O R K
________________________________________________________________________
3294
2009-2010 Regular Sessions
I N A S S E M B L Y
January 26, 2009
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. PERRY --
read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prepaid health insur-
ance plans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (b) of section 4326 of the insurance law, as
amended by chapter 342 of the laws of 2004, is amended to read as
follows:
(b) Participation in the program established by this section and
section four thousand three hundred twenty-seven of this article is
limited to corporations or insurers organized or licensed under this
article or article forty-two of this chapter [and], health maintenance
organizations issued a certificate of authority under article forty-four
of the public health law or licensed under this article, AND ENTITIES
CERTIFIED UNDER SECTION FORTY-FOUR HUNDRED THREE-A OF THE PUBLIC HEALTH
LAW. Participation by all health maintenance organizations is mandatory,
provided, however, that such requirements shall not apply to a health
maintenance organization exclusively serving individuals enrolled pursu-
ant to title eleven of article five of the social services law, title
eleven-D of article five of the social services law, title one-A of
article twenty-five of the public health law or title eighteen of the
federal Social Security Act, and, further provided, that such health
maintenance organization shall not discontinue a contract for an indi-
vidual receiving comprehensive-type coverage in effect prior to January
first, two thousand four who is ineligible to purchase policies offered
after such date pursuant to this section or section four thousand three
hundred twenty-two of this article due to the provision of 42 U.S.C.
1395ss in effect prior to January first, two thousand four. On and after
January first, two thousand one, all health maintenance organizations
shall offer qualifying group health insurance contracts and qualifying
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06939-01-9
A. 3294 2
individual health insurance contracts as defined in this section. For
the purposes of this section and section four thousand three hundred
twenty-seven of this article, article forty-three corporations [or],
article forty-two insurers OR ENTITIES CERTIFIED UNDER SECTION
FORTY-FOUR HUNDRED THREE-A OF THE PUBLIC HEALTH LAW which voluntarily
participate in compliance with the requirements of this program shall be
eligible for reimbursement from the stop loss funds created pursuant to
section four thousand three hundred twenty-seven of this article under
the same terms and conditions as health maintenance organizations.
S 2. This act shall take effect immediately and shall apply to all
contracts altered, modified or amended on and after such effective date.