S T A T E O F N E W Y O R K
________________________________________________________________________
6990
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
___________
Introduced by M. of A. GOTTFRIED, BING, PAULIN, COOK, TITONE -- Multi-
Sponsored by -- M. of A. BRADLEY, BROOK-KRASNY, CAHILL, COLTON, DINOW-
ITZ, GALEF, GLICK, JACOBS, JAFFEE, KOON, LAVINE, LUPARDO, MAISEL,
McENENY, MILLMAN, PHEFFER, RUSSELL, STIRPE, SWEENEY, WEISENBERG --
read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to rating of individual
and small group health insurance contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subsection (i) of section 3231 of the insur-
ance law, as amended by chapter 517 of the laws of 2008, is amended to
read as follows:
(2) (A) For coverage purchased pursuant to this subsection, individual
proprietors shall be classified in their own community rating category,
provided however, up to and including December thirty-first, two thou-
sand eleven, the premium rate established for individual proprietors
purchased pursuant to paragraph one of this subsection shall not be
greater than one hundred fifteen percent of the rate established for the
same coverage issued to groups.
(B) NO INSURER SHALL IMPLEMENT OR ADJUST A PREMIUM RATE DIFFERENTIAL
FOR INDIVIDUAL PROPRIETORS PURSUANT TO THIS PARAGRAPH UNTIL IT SHALL
HAVE FILED WITH THE SUPERINTENDENT THE ACTUARIAL JUSTIFICATION FOR THE
PROPOSED RATE DIFFERENTIAL AND OBTAINED THE SUPERINTENDENT'S APPROVAL
THEREOF. THE ALTERNATE RATE FILING PROCEDURE SET FORTH IN PARAGRAPH TWO
OF SUBSECTION (E) OF THIS SECTION SHALL NOT APPLY TO PREMIUM RATE
DIFFERENTIALS ESTABLISHED OR ADJUSTED FOR INDIVIDUAL PROPRIETORS PURSU-
ANT TO THIS PARAGRAPH.
(C) NOTHING IN THIS PARAGRAPH SHALL REQUIRE AN INSURER TO ESTABLISH A
PREMIUM RATE FOR INDIVIDUAL PROPRIETORS THAT IS GREATER THAN THE RATE
ESTABLISHED FOR THE SAME COVERAGE ISSUED TO GROUPS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06376-01-9
A. 6990 2
S 2. Paragraph 2 of subsection (f) of section 4317 of the insurance
law, as amended by chapter 517 of the laws of 2008, is amended to read
as follows:
(2) (A) For coverage purchased pursuant to this subsection, individual
proprietors shall be classified in their own community rating category,
provided however, up to and including December thirty-first, two thou-
sand eleven, the premium rate established for individual proprietors
purchased pursuant to paragraph one of this subsection shall not be
greater than one hundred fifteen percent of the rate established for the
same coverage issued to groups.
(B) NO INSURER SHALL IMPLEMENT OR ADJUST A PREMIUM RATE DIFFERENTIAL
FOR INDIVIDUAL PROPRIETORS PURSUANT TO THIS PARAGRAPH UNTIL IT SHALL
HAVE FILED WITH THE SUPERINTENDENT THE ACTUARIAL JUSTIFICATION FOR THE
PROPOSED RATE DIFFERENTIAL AND OBTAINED THE SUPERINTENDENT'S APPROVAL
THEREOF. THE ALTERNATE RATE FILING PROCEDURE SET FORTH IN SUBSECTION (G)
OF SECTION FOUR THOUSAND THREE HUNDRED EIGHT OF THIS ARTICLE SHALL NOT
APPLY TO PREMIUM RATE DIFFERENTIALS ESTABLISHED OR ADJUSTED FOR INDIVID-
UAL PROPRIETORS PURSUANT TO THIS PARAGRAPH.
(C) NOTHING IN THIS PARAGRAPH SHALL REQUIRE AN INSURER TO ESTABLISH A
PREMIUM RATE FOR INDIVIDUAL PROPRIETORS THAT IS GREATER THAN THE RATE
ESTABLISHED FOR THE SAME COVERAGE ISSUED TO GROUPS.
S 3. This act shall take effect immediately.