Senate Bill S5218

2009-2010 Legislative Session

Provides for the annual audits of health maintenance organizations, health insurers and health and hospital service corporations

download bill text pdf

Sponsored By

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

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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) - Summary

Provides for the annual audits of health maintenance organizations, health insurers and health and hospital service corporations; provides for a private right of action.

2009-S5218 (ACTIVE) - Sponsor Memo

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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