Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to insurance |
Apr 27, 2009 |
referred to insurance |
Senate Bill S5218
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Insurance 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
Actions
2009-S5218 (ACTIVE) - Details
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Amd §§3217-a, 4324 & 210, Ins L; amd §4408, Pub Health L
2009-S5218 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5218 TITLE OF BILL : An act to amend the insurance law and the public health law, in relation to annual audits of health maintenance organizations, health insurers and health and hospital service corporations PURPOSE OR GENERAL IDEA OF BILL : To provide greater disclosure to managed care consumers and enhanced enforcement of current requirements on health care plans. SUMMARY OF SPECIFIC PROVISIONS : Section one adds two new subsections (e) and (f) to section 3217-a of the Insurance Law to: 1) require the health commissioner and insurance superintendent to audit insurers and HMOs for compliance with various consumer protection provisions of the Public Health and Insurance Law; 2) adds the results of the audits to the state Insurance Department (SID) consumer guide on managed care plans and health insurers; and 3) authorizes the SID to require insurers and HMOs not in compliance with the law to undergo prior approval for rate increase requests rather than "file and use" rates. Section two adds two new subsections to section 4324 of the insurance law to make the same change described in section one. Section three amends section 210 of the insurance law to require HMOs and insurers
2009-S5218 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5218 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law and the public health law, in relation to annual audits of health maintenance organizations, health insurers and health and hospital service corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (e) of section 3217-a of the insurance law is relettered subsection (g) and two new subsections (e) and (f) are added to read as follows: (E) THE DEPARTMENT SHALL ON AN ANNUAL BASIS: (1) AUDIT EVERY INSURER SUBJECT TO THIS ARTICLE FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, CHAPTER SEVEN HUNDRED FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-SIX, CHAPTER FIVE HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT AND CHAPTERS SIX HUNDRED THIRTY-SEVEN AND SIX HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-SEVEN; (2) INVESTIGATE THE PROFICIENCY OF EVERY INSURER SUBJECT TO THIS ARTI- CLE IN FURNISHING ACCURATE INFORMATION IN RESPONSE TO INQUIRIES; AND (3) PUBLISH THE RESULTS OF SUCH AUDITS AND INVESTIGATIONS IN THE ANNU- AL CONSUMER GUIDE DESCRIBED IN SECTION TWO HUNDRED TEN OF THIS CHAPTER. (F) ANY INSURER SUBJECT TO THIS ARTICLE WHICH FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION, CHAPTER SEVEN HUNDRED FIVE OF THE LAWS OF NINETEEN HUNDRED NINETY-SIX, CHAPTER FIVE HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT AND CHAPTERS SIX HUNDRED THIRTY-SEVEN AND SIX HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-SEVEN, OR WHICH EXHIBITS A PATTERN OF FURNISHING INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN RESPONSE TO INQUIRIES SHALL, IN ADDITION TO ANY OTHER PENALTIES WHICH MAY APPLY, BE BARRED FROM USING THE ALTERNA- TIVE PROCEDURE FOR ADJUSTING PREMIUMS SET FORTH IN SUBPARAGRAPH (A) OF PARAGRAPH TWO OF SUBSECTION (E) OF SECTION THREE THOUSAND TWO HUNDRED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09746-01-9
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