S T A T E   O F   N E W   Y O R K
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                                  6740

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced by M. of A. MORELLE, SILVER, JOHN, GOTTFRIED, FARRELL, CANES-
  TRARI  --  Multi-Sponsored  by  --  M.  of  A. ABBATE, ALESSI, ARROYO,
  BARRON, BING, BOYLAND, BRADLEY, BROOK-KRASNY, CAHILL,  CASTRO,  CHRIS-
  TENSEN,  CLARK, COLTON, COOK, CUSICK, CYMBROWITZ, DelMONTE, DenDEKKER,
  DESTITO, DINOWITZ,  EDDINGTON,  ESPAILLAT,  FIELDS,  GALEF,  GIANARIS,
  GLICK,  GORDON,  GREENE,  GUNTHER, JAFFEE, KAVANAGH, KELLNER, LATIMER,
  LAVINE, LIFTON, V. LOPEZ, MAGEE, MAGNARELLI, MAISEL, MARKEY,  McENENY,
  MENG,  MILLMAN,  NOLAN,  O'DONNELL,  PAULIN, PERALTA, PHEFFER, REILLY,
  N. RIVERA, ROBINSON, ROSENTHAL, RUSSELL, SCHIMEL, SCHIMMINGER, SCHROE-
  DER, SEMINERIO, SKARTADOS,  SPANO,  STIRPE,  SWEENEY,  TITONE,  TITUS,
  TOWNS,  WEINSTEIN,  WEISENBERG, ZEBROWSKI -- (at request of the Gover-
  nor) -- read once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to a  special  enrollment
  period

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

  Section 1. Subsection (m) of section 3221  of  the  insurance  law  is
amended by adding a new paragraph 7 to read as follows:
  (7)(A)  SPECIAL  ENROLLMENT PERIOD. AN INDIVIDUAL WHO DOES NOT HAVE AN
ELECTION OF CONTINUATION COVERAGE AS DESCRIBED  IN  THIS  SUBSECTION  IN
EFFECT  ON  THE EFFECTIVE DATE OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009, BUT WHO WOULD BE AN ASSISTANCE  ELIGIBLE  INDIVIDUAL  UNDER
TITLE III OF SUCH ACT IF SUCH ELECTION WERE IN EFFECT, MAY ELECT CONTIN-
UATION COVERAGE PURSUANT TO THIS SUBSECTION. SUCH ELECTION SHALL BE MADE
NO  LATER  THAN SIXTY DAYS AFTER THE DATE THE ADMINISTRATOR OF THE GROUP
HEALTH PLAN (OR OTHER ENTITY INVOLVED) PROVIDES THE NOTICE  REQUIRED  BY
SECTION  3001(A)(7)  OF  THE  AMERICAN  RECOVERY AND REINVESTMENT ACT OF
2009. THE ADMINISTRATOR OF  THE  GROUP  HEALTH  PLAN  (OR  OTHER  ENTITY
INVOLVED)  SHALL  PROVIDE SUCH INDIVIDUALS WITH ADDITIONAL NOTICE OF THE
RIGHT TO ELECT COVERAGE PURSUANT TO THIS PARAGRAPH WITHIN SIXTY DAYS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12022-02-9

              

A. 6740                             2

THE  DATE  OF ENACTMENT OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009.
  (B) CONTINUATION COVERAGE ELECTED PURSUANT TO SUBPARAGRAPH (A) OF THIS
PARAGRAPH  SHALL COMMENCE WITH THE FIRST PERIOD OF COVERAGE BEGINNING ON
OR AFTER THE DATE OF THE ENACTMENT OF THE AMERICAN  RECOVERY  AND  REIN-
VESTMENT ACT OF 2009 AND SHALL NOT EXTEND BEYOND THE PERIOD OF CONTINUA-
TION  COVERAGE THAT WOULD HAVE BEEN REQUIRED IF THE COVERAGE HAD INSTEAD
BEEN ELECTED PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION.
  (C) WITH RESPECT TO AN INDIVIDUAL  WHO  ELECTS  CONTINUATION  COVERAGE
PURSUANT  TO SUBPARAGRAPH (A) OF THIS PARAGRAPH, THE PERIOD BEGINNING ON
THE DATE OF THE QUALIFYING EVENT AND ENDING ON THE  DATE  OF  THE  FIRST
PERIOD  OF  COVERAGE  ON OR AFTER THE ENACTMENT OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 SHALL BE DISREGARDED FOR PURPOSES OF DETER-
MINING THE SIXTY-THREE DAY PERIOD REFERRED TO IN SECTION THREE  THOUSAND
TWO HUNDRED THIRTY-TWO OF THIS ARTICLE.
  S 2. Subsection (k) of section 4304 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
  (5)(A)  SPECIAL  ENROLLMENT PERIOD. AN INDIVIDUAL WHO DOES NOT HAVE AN
ELECTION OF CONTINUATION COVERAGE AS DESCRIBED  IN  THIS  SUBSECTION  IN
EFFECT  ON  THE EFFECTIVE DATE OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009, BUT WHO WOULD BE AN ASSISTANCE  ELIGIBLE  INDIVIDUAL  UNDER
TITLE III OF SUCH ACT IF SUCH ELECTION WERE IN EFFECT, MAY ELECT CONTIN-
UATION  COVERAGE PURSUANT TO THIS SUBSECTION. SUCH ELECTION MUST BE MADE
NO LATER THAN SIXTY DAYS AFTER THE DATE THE ADMINISTRATOR OF  THE  GROUP
HEALTH  PLAN  (OR OTHER ENTITY INVOLVED) PROVIDES THE NOTICE REQUIRED BY
SECTION 3001(A)(7) OF THE AMERICAN  RECOVERY  AND  REINVESTMENT  ACT  OF
2009.  THE  ADMINISTRATOR  OF  THE  GROUP  HEALTH  PLAN (OR OTHER ENTITY
INVOLVED) SHALL PROVIDE SUCH INDIVIDUALS WITH ADDITIONAL NOTICE  OF  THE
RIGHT  TO ELECT COVERAGE PURSUANT TO THIS PARAGRAPH WITHIN SIXTY DAYS OF
THE DATE OF ENACTMENT OF THE AMERICAN RECOVERY AND REINVESTMENT  ACT  OF
2009.
  (B) CONTINUATION COVERAGE ELECTED PURSUANT TO SUBPARAGRAPH (A) OF THIS
PARAGRAPH  SHALL COMMENCE WITH THE FIRST PERIOD OF COVERAGE BEGINNING ON
OR AFTER THE DATE OF THE ENACTMENT OF THE AMERICAN  RECOVERY  AND  REIN-
VESTMENT ACT OF 2009 AND SHALL NOT EXTEND BEYOND THE PERIOD OF CONTINUA-
TION  COVERAGE THAT WOULD HAVE BEEN REQUIRED IF THE COVERAGE HAD INSTEAD
BEEN ELECTED PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION.
  (C) WITH RESPECT TO AN INDIVIDUAL  WHO  ELECTS  CONTINUATION  COVERAGE
PURSUANT  TO SUBPARAGRAPH (A) OF THIS PARAGRAPH, THE PERIOD BEGINNING ON
THE DATE OF THE QUALIFYING EVENT AND ENDING ON THE  DATE  OF  THE  FIRST
PERIOD  OF  COVERAGE  ON OR AFTER THE ENACTMENT OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 SHALL BE DISREGARDED FOR PURPOSES OF DETER-
MINING THE SIXTY-THREE DAY PERIOD REFERRED TO IN SECTION  FOUR  THOUSAND
THREE HUNDRED EIGHTEEN OF THIS ARTICLE.
  S 3. Subsection (e) of section 4305 of the insurance law is amended by
adding a new paragraph 8 to read as follows:
  (8)(A)  SPECIAL  ENROLLMENT PERIOD. AN INDIVIDUAL WHO DOES NOT HAVE AN
ELECTION OF CONTINUATION COVERAGE AS DESCRIBED  IN  THIS  SUBSECTION  IN
EFFECT  ON  THE EFFECTIVE DATE OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009, BUT WHO WOULD BE AN ASSISTANCE  ELIGIBLE  INDIVIDUAL  UNDER
TITLE III OF SUCH ACT IF SUCH ELECTION WERE IN EFFECT, MAY ELECT CONTIN-
UATION  COVERAGE PURSUANT TO THIS SUBSECTION. SUCH ELECTION MUST BE MADE
NO LATER THAN SIXTY DAYS AFTER THE DATE THE ADMINISTRATOR OF  THE  GROUP
HEALTH  PLAN  (OR OTHER ENTITY INVOLVED) PROVIDES THE NOTICE REQUIRED BY
SECTION 3001(A)(7) OF THE AMERICAN  RECOVERY  AND  REINVESTMENT  ACT  OF
2009.  THE  ADMINISTRATOR  OF  THE  GROUP  HEALTH  PLAN (OR OTHER ENTITY

A. 6740                             3

INVOLVED) SHALL PROVIDE SUCH INDIVIDUALS WITH ADDITIONAL NOTICE  OF  THE
RIGHT  TO ELECT COVERAGE PURSUANT TO THIS PARAGRAPH WITHIN SIXTY DAYS OF
THE DATE OF ENACTMENT OF THE AMERICAN RECOVERY AND REINVESTMENT  ACT  OF
2009.
  (B) CONTINUATION COVERAGE ELECTED PURSUANT TO SUBPARAGRAPH (A) OF THIS
PARAGRAPH  SHALL COMMENCE WITH THE FIRST PERIOD OF COVERAGE BEGINNING ON
OR AFTER THE DATE OF THE ENACTMENT OF THE AMERICAN  RECOVERY  AND  REIN-
VESTMENT ACT OF 2009 AND SHALL NOT EXTEND BEYOND THE PERIOD OF CONTINUA-
TION  COVERAGE THAT WOULD HAVE BEEN REQUIRED IF THE COVERAGE HAD INSTEAD
BEEN ELECTED PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION.
  (C) WITH RESPECT TO AN INDIVIDUAL  WHO  ELECTS  CONTINUATION  COVERAGE
PURSUANT  TO SUBPARAGRAPH (A) OF THIS PARAGRAPH, THE PERIOD BEGINNING ON
THE DATE OF THE QUALIFYING EVENT AND ENDING ON THE  DATE  OF  THE  FIRST
PERIOD  OF  COVERAGE  ON OR AFTER THE ENACTMENT OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 SHALL BE DISREGARDED FOR PURPOSES OF DETER-
MINING THE SIXTY-THREE DAY PERIOD REFERRED TO IN SECTION  FOUR  THOUSAND
THREE HUNDRED EIGHTEEN OF THIS ARTICLE.
  S 4.  This act shall take effect immediately.