Senate Bill S3068

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

                                  3068

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced by Sen. BRESLIN -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed 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
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

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

S. 3068                             2

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
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.

S. 3068                             3

  (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.