NY State Senate Bill 2009-S199

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Jan 07, 2009	referred to investigations and government operations

2009-S199 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add §54-b, Leg L
Versions Introduced in 2011-2012 Legislative Session:: S2243

2009-S199 (ACTIVE) - Summary

Requires a separate cost/benefit analysis prepared by the superintendent of insurance to accompany each mandated health insurance benefit bill considered by the legislature; provides that such cost/benefit analysis shall include the extent to which the medical care addressed in such bill is available to and utilized by the general population, whether insurance coverage for such medical care is currently available, whether a lack of insurance coverage may result in an individual not receiving necessary medical care or cause financial hardship upon the receipt of such care, whether such bill's implementation may have an impact on expensive medical care, whether such coverage might affect the future number and types of providers of such medical care, and whether such coverage might impact the cost of insurance premiums or administrative expenses to insurers and employers.

2009-S199 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S199

 TITLE OF BILL :
An act to amend the legislative law, in relation to cost/benefit
analysis for mandated health insurance benefit bills


 SUMMARY OF PROVISIONS :
This bill would amend the legislative law by adding a new section 54-b
to require a cost/benefit analysis of any mandated health benefit bill
which is to be considered by the legislature. A mandated health
insurance benefit bill is defined as:  a bill which mandates health
insurance coverage or the offering of such coverage for specific
health services, health care providers or diseases as part of an
individual or group accident/health insurance policy or Article 43
contract. The bill requires that any such bill which is to be
considered for passage by the legislature be accompanied by a
separate, independent statement on the cost of the bill as well as the
relative need which has been demonstrated for the bill.

The cost/benefit analysis is to be conducted by the Insurance
Department and will include, but not be limited to, the following
information:

The extent to which - the medical care addressed in the bill is
available to and utilized by the general population;

-insurance coverage for such medical care is currently available;

-lack of coverage may result in an individual not receiving necessary
medical care or incurring financial hardship upon receiving such care;

-the bill's implementation may have an impact on the future cost or
utilization of such medical care; ·

-such coverage might serve as an alternative to more expensive medical
care;

-the coverage might affect the future number and types of providers of
such medical care;

-such coverage might impact the cost of insurance premiums or
administrative expenses to insureds, insurers and employers.

 JUSTIFICATION :
There are currently a large number of bills pending for consideration
in the legislature which, if enacted, would further expand the amount
of health insurance coverages mandated by law.  There are bills to
require inpatient treatment of alcoholism, treatment for the mentally
disabled, well-baby treatment, infertility treatment, PAP smears,
procreative services for veterans, bone marrow transplant procedures,
treatment for victims of Alzheimer's Disease and treatment by home
dialysis technicians, speech language pathologists and psychiatric
mental health nurses. Many of these bills may be worthy of enactment
when considering the long-range cost savings to employers or the
social need for such coverage.

However, some of these bills may not be so feasible and may further
add to the cost of providing or affording health care insurance. It is
necessary for lawmakers to have access to in-depth analyses of these
proposals in order that they may make responsible decisions as to
their merit. Given the current crisis in the affordability and
availability of health insurance, the necessity for each one of these
bills must be weighed carefully.


This bill would require an independent cost/benefit analysis of the
proposal before one of these bills can be enacted into law. The
analysis, which would be done by the State Insurance Department, would
provide legislators with comprehensive information on the need for
such coverage by the general population, as well as the cost to
insureds and employers alike. Bills similar to this one have been
implemented in at least eighteen different states and have worked to
prevent the enactment of frivolous mandated benefits legislation.

 FISCAL IMPLICATIONS :
None to the state. Even if additional funding is necessary for the
Insurance Department to implement this bill, the operating expenses of
the Department are currently paid by the assessments collected against
domestic insurance carriers and by insurance examination fees.

 EFFECTIVE DATE :
This act shall take effect on the 120th day after it shall have become
a law, provided that the Insurance Department has promulgated all the
rules and regulations necessary for the implementation of this act.

2009-S199 (ACTIVE) - Bill Text download pdf

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

                                   199

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, in relation to cost/benefit  analy-
  sis for mandated health insurance benefit bills

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

  Section 1. The legislative law is amended by adding a new section 54-b
to read as follows:
  S 54-B. COST/BENEFIT ANALYSIS FOR MANDATED  HEALTH  INSURANCE  BENEFIT
BILLS.  1.  FOR  THE  PURPOSE OF THIS SECTION, THE TERM "MANDATED HEALTH
INSURANCE BENEFIT BILL" MEANS A BILL  WHICH  MANDATES  HEALTH  INSURANCE
COVERAGE  OR  THE  OFFERING  OF  HEALTH  INSURANCE COVERAGE FOR SPECIFIC
HEALTH SERVICES, HEALTH CARE PROVIDERS OR DISEASES AS A PART OF AN INDI-
VIDUAL ACCIDENT AND HEALTH INSURANCE POLICY, A GROUP OR BLANKET ACCIDENT
AND HEALTH INSURANCE POLICY, OR A MEDICAL OR DENTAL  EXPENSE  INDEMNITY,
HEALTH SERVICE OR HOSPITAL SERVICE CONTRACT.
  2.  THE  LEGISLATURE  SHALL BY CONCURRENT RESOLUTION OF THE SENATE AND
ASSEMBLY PRESCRIBE RULES REQUIRING INDEPENDENT COST/BENEFIT ANALYSES  TO
ACCOMPANY,  ON  A  SEPARATE  FORM,  MANDATED  HEALTH INSURANCE BILLS AND
AMENDMENTS TO SUCH BILLS.
  3. SUCH COST/BENEFIT ANALYSIS SHALL BE PREPARED BY THE  DEPARTMENT  OF
INSURANCE  AND,  TO THE EXTENT THAT SUCH INFORMATION IS AVAILABLE, SHALL
INCLUDE, BUT NOT BE LIMITED TO, INFORMATION REGARDING:
  A. THE EXTENT TO WHICH THE MEDICAL  CARE  ADDRESSED  IN  THE  BILL  IS
AVAILABLE TO AND UTILIZED BY A SIGNIFICANT PORTION OF THE POPULATION;
  B.  THE  EXTENT  TO  WHICH INSURANCE COVERAGE FOR SUCH MEDICAL CARE IS
ALREADY AVAILABLE;
  C. IF COVERAGE IS NOT GENERALLY AVAILABLE, THE EXTENT  TO  WHICH  SUCH
LACK  OF  COVERAGE  MAY  RESULT IN AN INDIVIDUAL NOT RECEIVING NECESSARY

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

                                                           LBD03094-01-9

S. 199                              2

MEDICAL CARE OR INCURRING UNDUE FINANCIAL HARDSHIP UPON  RECEIVING  SUCH
CARE;
  D.  THE  LEVEL  OF PUBLIC DEMAND FROM INDIVIDUALS AND/OR PROVIDERS FOR
SUCH MEDICAL CARE AND FOR INSURANCE COVERAGE FOR SUCH MEDICAL CARE;
  E. THE LEVEL OF INTEREST OF  COLLECTIVE  BARGAINING  ORGANIZATIONS  IN
NEGOTIATING INCLUSION OF SUCH COVERAGE IN GROUP CONTRACTS;
  F.  ANY  ALTERNATIVES WHICH MEET THE NEED FOR COVERAGE OF SUCH MEDICAL
CARE;
  G. THE EXTENT TO WHICH SUCH MANDATED COVERAGE  MIGHT  HAVE  AN  IMPACT
UPON  THE COST OF AND THE UTILIZATION LEVEL FOR SUCH MEDICAL CARE IN THE
FUTURE;
  H. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT SERVE AS AN ALTER-
NATIVE TO MORE EXPENSIVE OR LESS EXPENSIVE MEDICAL CARE;
  I. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT AFFECT THE  NUMBER
AND TYPES OF PROVIDERS OF SUCH MEDICAL CARE IN THE FUTURE;
  J.  THE  EXTENT  TO  WHICH SUCH MANDATED COVERAGE MIGHT HAVE AN IMPACT
UPON THE COST OF INSURANCE PREMIUMS AND/OR  ADMINISTRATIVE  EXPENSES  TO
INSUREDS, EMPLOYERS AND INSURERS;
  K. THE IMPACT THAT SUCH MANDATED COVERAGE MIGHT HAVE ON THE TOTAL COST
OF HEALTH CARE; AND
  L.  THE  EXPERIENCE  OF OTHER STATES WHICH HAVE ENACTED A SIMILAR BILL
INTO LAW.
  4. THE SUPERINTENDENT OF INSURANCE SHALL PROMULGATE  RULES  AND  REGU-
LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
  5.  AT THE DISCRETION OF THE SUPERINTENDENT OF INSURANCE, PUBLIC HEAR-
INGS MAY BE CONVENED FOR THE PURPOSE OF GATHERING INFORMATION  NECESSARY
FOR HIS OR HER COMPLIANCE WITH THE ANALYSIS REQUIREMENTS OF SUBDIVISIONS
TWO AND THREE OF THIS SECTION.
  6. IF THE COST/BENEFIT ANALYSIS OF A MANDATED HEALTH INSURANCE BENEFIT
BILL  IS INACCURATE, SUCH INACCURACY SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE SUCH BILL.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that  the  superintendent
of  insurance  is  hereby authorized to promulgate rules and regulations
necessary to effectuate the provisions of this act  on  or  before  such
effective date.

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Senate Bill S199

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2009-S199 (ACTIVE) - Details

2009-S199 (ACTIVE) - Summary

2009-S199 (ACTIVE) - Sponsor Memo

2009-S199 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2009-S199 (ACTIVE) - Details

2009-S199 (ACTIVE) - Summary

2009-S199 (ACTIVE) - Sponsor Memo

2009-S199 (ACTIVE) - Bill Text download pdf

Comments