NY State Senate Bill 2009-S66006

Senate Bill S66006

Signed By Governor

2009-2010 Legislative Session

Establishes a special enrollment period for employees and members with expired health coverage who wish to utilize state continuation benefits

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 19, 2009	signed chap.498
Nov 17, 2009	delivered to governor
Nov 16, 2009	returned to senate passed assembly ordered to third reading rules cal.681 substituted for a40006 referred to insurance delivered to assembly passed senate ordered to third reading cal.4
Nov 10, 2009	referred to rules

Votes

- Nov 16, 2009 - Floor Vote
  S66006
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Nov 16, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
  Nov 16, 2009 - Rules Committee Vote
  S66006
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Nov 16, 2009
      
      aye (24)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker

2009-S66006 (ACTIVE) - Details

See Assembly Version of this Bill:: A40006
Law Section:: Insurance Law
Laws Affected:: Amd §§3221, 4304 &4105, Ins L; amd §4, Chap 236 of 2009

2009-S66006 (ACTIVE) - Summary

Establishes a special enrollment period for employees and members with expired health coverage pursuant to federal law (ERISA, COBRA) who wish to utilize state continuation benefits; provides fo the application of state continuation benefits to all health insurance policies and contracts on and after November 1, 2009.

2009-S66006 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S66006

 TITLE OF BILL :

An act to amend the insurance law, in relation to establishing a
special enrollment period for certain employees and members applying
for continuation of health insurance coverage; to amend chapter 236 of
the laws of 2009, amending the insurance law relating to extending
state continuation benefits from eighteen months to thirty-six months,
in relation to the application thereof; and providing for the repeal
of certain provisions upon the expiration thereof


 PURPOSE :

This bill would help provide continued access to group health
insurance by ensuring that all people eligible for federal COBRA or
state continuation coverage receive up to 36 months of coverage,
regardless of when the group health insurance contract or policy is
renewed, modified, altered or amended.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Insurance Law § 3221 to create a
special enrollment period for people whose continuation coverage
exhausted between July 1, 2009 and November 1, 2009 but prior to the

renewal, modification, alteration or amendment of the group contract
which would entitle them to extend their continuation coverage.

Section 1 of the bill further states that coverage issued during the
special enrollment period shall be prospective not more than 30 days
from the date of election and payment of premium.

Section 1 of the bill states that a person who continues coverage
through the special enrollment period shall be entitled to a total of
36 months of coverage.

Section 1 of the bill also states that any gap in health insurance
coverage between July 1, 2009 and the effective date of the coverage
issued through the special enrollment period shall not reduce the 36
months of continuation coverage to which a person may be entitled. It
also states that any gap in coverage during that period shall be
disregarded for the purpose of determining if a pre-existing condition
waiting period is applicable.

Section 2 of the bill would amend Insurance Law § 4304 to require
not-for-profit corporations and health maintenance organizations
("HMOs") offering group remittance contracts to extend a special
enrollment period under the same terms and conditions as commercial
insurers.

Section 3 of the bill would amend Insurance Law § 4305 to require
not-for-profit corporations and HMOs offering group contracts to
extend a special enrollment period under the same terms and conditions
as commercial insurers.

Section 4 of the bill would amend § 4 of chapter 236 of the laws of
2009 to provide that it applies to policies and contracts that are
issued, renewed, modified, altered or amended between July 1, 2009 and
October 31, 2009, and applies to all policies or contracts on or after
November 1, 2009.

Section 5 of the bill would provide that the bill take effect
immediately, provided that sections one, two, and three of the act
will expire and be deemed repealed July 1, 2010, and section four of

the act will be deemed to have been in full force and effect on and
after July 1, 2009.

 EXISTING LAW :

Insurance Law § 3221 (m) permits individuals covered under commercial
group or blanket accident and health insurance policies that are not
subject to federal COBRA law to elect state continuation coverage for
up to 36 months. It also permits individuals covered under commercial
group or blanket accident and health insurance policies that are
subject to federal COBRA law to continue coverage under state
continuation coverage for an additional 18 months, once the initial 18
months of federal COBRA coverage is exhausted, for a total of 36
months. All such individuals must elect state continuation coverage
within 60 days of the event that qualifies them for coverage or within
60 days of receiving notice of the right to elect such coverage. There
is no cost to the employer for continuation coverage.  The former
employee or member pays the full premium, which is capped at 102
percent of the group rate.

Insurance Law § 4304(k) sets forth provisions similar to those of
Insurance Law § 3221 (m), permitting the election of state
continuation coverage for group remittance contracts with a hospital
service, health service or medical expense indemnity corporation.

Insurance Law § 4305(e) sets forth provisions similar to those of
Insurance Law 3221 (m), permitting the election of state continuation
coverage for group contracts with a hospital service, health service
or medical expense indemnity corporation.

Chapter 18 of the Employee Retirement Income Security Act, 29 D.S.C.
§ 1161, et seq., provides for continuation coverage and additional
standards for group health plans.

Chapter 6A of the Public Health Service Act, 42 D.S.C. § 300bb-1, et
seq., provides for continuation coverage under State and local group
health plans.

The American Recovery and Reinvestment Act of 2009 expanded access to
federal COBRA and state continuation benefits for laid-off workers by
providing a 9-month, 65% subsidy of premiums.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT OF SUPPORT :

Federal COBRA allows workers to continue their group health insurance
coverage for 18 months if they voluntarily or involuntarily leave
employment or lose coverage due to a reduction in work hours.
However, COBRA only applies to employers with 20 or more employees.
To address this gap, the State's "mini-COBRA" law requires small
employers with fewer than 20 employees to offer a State health
insurance continuation benefit similar to COBRA. Chapter 236 of the
laws of 2009 extended the period that workers may receive mini-COBRA
coverage from 18 months to 36 months. This is regardless of whether
the worker worked for an employer with 20 or more employees and is
eligible for federal COBRA or the worker worked for an employer with
fewer than 20 employees and is eligible for mini-COBRA.

Chapter 236 of the laws of 2009, which extends the period that a
person may continue health insurance coverage from 18 months to 36
months, only applies to health insurance coverage once the policy or
contract is issued, renewed, modified, altered or amended.  Thus,
although the law's effective date was July 1, 2009, many people cannot
take advantage of the extension until the coverage is renewed,
modified, altered or amended.  Furthermore, people who had mini-COBRA
coverage and exhausted the initial 18 months before the coverage was
renewed, modified, altered or amended are not entitled to an
additional 18 months of coverage.

Currently, those who do not have access to group health insurance,
including those who exhaust continuation benefits, must purchase
coverage on an individual basis. New York's individual health
insurance market is standardized, with very comprehensive benefits and
prohibitively high premiums. Continuation coverage is available at an
average cost of $400 per month for single coverage. The average cost
of individual health insurance coverage currently exceeds $970 per
month and is higher in certain regions.  While the Healthy NY program
offers a less expensive option, it is not available to everyone due to
eligibility requirements.

Current national unemployment rates are at a 24-year high. New York's
unemployment rate was 8.9 percent as of September 2009, up from 5.8
percent in September 2008. An increasing number of workers are
experiencing extended periods of job loss or being forced to work
part-time. All of these factors contribute to a loss of group health
insurance coverage. Also, as companies downsize, older workers are
often offered early retirement options as an alternative to lay-offs.
These individuals may not have retiree health benefits and can be
years away from Medicare. This bill extends a more affordable private
health insurance option, at no direct cost to the State or employers,
and ensures that this option is available to all people.

 BUDGET IMPLICATIONS :

This bill will have not have a material impact on State finances.

 EFFECTIVE DATE :
The bill would take effect immediately, provided that sections one,
two, and three of the act will expire and be deemed repealed July 1,
2010 and section four of the act will be deemed to have been in full
force and effect on and after July 1, 2009.

2009-S66006 (ACTIVE) - Bill Text download pdf

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

    S. 6                                                        A. 6

                     Twentieth Extraordinary Session

                      S E N A T E - A S S E M B L Y

                            November 10, 2009
                               ___________

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

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Peoples-Stokes,  Morelle)  -- (at request of the Governor) -- read
  once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to establishing a special
  enrollment period for  certain  employees  and  members  applying  for
  continuation of health insurance coverage; to amend chapter 236 of the
  laws  of  2009, amending the insurance law relating to extending state
  continuation benefits from eighteen months to  thirty-six  months,  in
  relation  to  the application thereof; and providing for the repeal of
  certain provisions upon the expiration thereof

  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 8 to read as follows:
  (8)(A) AN EMPLOYEE OR MEMBER WHOSE CONTINUATION COVERAGE  PURSUANT  TO
THIS SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT, 29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE
ACT,  42  U.S.C.  S  300 BB - 1 ET SEQ., ESTABLISHED BY THE CONSOLIDATED
OMNIBUS RECONCILIATION ACT OF 1985, AS AMENDED, EXHAUSTED:  (I)  BETWEEN
THE  FIRST  OF  JULY,  TWO  THOUSAND NINE AND THE FIRST OF NOVEMBER, TWO
THOUSAND NINE; AND (II) PRIOR TO THE GROUP CONTRACT'S RENEWAL, MODIFICA-
TION, ALTERATION OR AMENDMENT, SHALL BE ENTITLED TO A SPECIAL ENROLLMENT
PERIOD DURING WHICH THE  EMPLOYEE  OR  MEMBER  MAY  EXTEND  CONTINUATION
COVERAGE.    THE  SPECIAL  ENROLLMENT  PERIOD  SHALL  RUN FOR SIXTY DAYS
FOLLOWING RECEIPT OF NOTICE UNDER SUBPARAGRAPH (E) OF THIS PARAGRAPH  OR
IF  NOTICE  IS  NOT  RECEIVED  SIX MONTHS FROM THE LATER OF THE FIRST OF
NOVEMBER, TWO THOUSAND NINE OR THE EFFECTIVE DATE OF THIS PARAGRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12143-02-9

S. 6                                2                               A. 6

  (B) COVERAGE ISSUED DURING THE SPECIAL ENROLLMENT PERIOD SET FORTH  IN
SUBPARAGRAPH  (A)  OF THIS PARAGRAPH SHALL BE PROSPECTIVE AND SHALL TAKE
EFFECT NO LATER THAN THIRTY DAYS AFTER THE EMPLOYEE OR MEMBER ELECTS THE
EXTENSION AND PAYS THE FIRST PREMIUM.
  (C) AN EMPLOYEE OR MEMBER WHO EXTENDS CONTINUATION COVERAGE DURING THE
SPECIAL  ENROLLMENT  PERIOD  SET FORTH IN SUBPARAGRAPH (A) OF THIS PARA-
GRAPH SHALL BE ENTITLED TO CONTINUATION COVERAGE FOR UP TO  A  TOTAL  OF
THIRTY-SIX MONTHS, INCLUSIVE OF ANY COVERAGE PERIOD EXHAUSTED UNDER THIS
SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT,
29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE ACT,
42  U.S.C. S 300 BB - 1 ET SEQ., ESTABLISHED BY THE CONSOLIDATED OMNIBUS
RECONCILIATION ACT OF 1985, AS AMENDED.
  (D) ANY GAP IN COVERAGE BETWEEN THE FIRST OF JULY, TWO  THOUSAND  NINE
THROUGH  THE  EFFECTIVE  DATE  OF THE COVERAGE ISSUED DURING THE SPECIAL
ENROLLMENT PERIOD SET FORTH IN SUBPARAGRAPH (A) OF THIS PARAGRAPH  SHALL
NOT REDUCE THE THIRTY-SIX MONTH PERIOD OF CONTINUATION COVERAGE TO WHICH
AN  EMPLOYEE  OR  MEMBER IS ENTITLED UNDER THIS SUBSECTION, AND SHALL BE
DISREGARDED FOR PURPOSES OF DETERMINING THE SIXTY-THREE  DAY  PERIOD  TO
WHICH  SECTION  THREE  THOUSAND  TWO  HUNDRED THIRTY-TWO OF THIS ARTICLE
REFERS.
  (E) WITHIN THIRTY DAYS OF THE EFFECTIVE DATE  OF  THIS  PARAGRAPH,  AN
INSURER SHALL MAKE REASONABLE EFFORTS TO PROVIDE WRITTEN NOTIFICATION OF
THE  SPECIAL  ENROLLMENT  PERIOD  SET  FORTH IN SUBPARAGRAPH (A) OF THIS
PARAGRAPH TO ALL GROUP POLICYHOLDERS AND  FORMER  EMPLOYEES  OR  MEMBERS
ENTITLED TO THE SPECIAL ENROLLMENT PERIOD.
  S  2.  Paragraph  5 of subsection (k) of section 4304 of the insurance
law, as added by chapter 236 of the laws of 2009,  is  renumbered  para-
graph 6 and a new paragraph 7 is added to read as follows:
  (7)(A)  AN  EMPLOYEE OR MEMBER WHOSE CONTINUATION COVERAGE PURSUANT TO
THIS SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT, 29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE
ACT, 42 U.S.C.  S 300 BB - 1 ET SEQ., ESTABLISHED  BY  THE  CONSOLIDATED
OMNIBUS  RECONCILIATION ACT OF 1985, AS AMENDED, EXHAUSTED:  (I) BETWEEN
THE FIRST OF JULY, TWO THOUSAND NINE AND  THE  FIRST  OF  NOVEMBER,  TWO
THOUSAND NINE; AND (II) PRIOR TO THE GROUP CONTRACT'S RENEWAL, MODIFICA-
TION, ALTERATION OR AMENDMENT, SHALL BE ENTITLED TO A SPECIAL ENROLLMENT
PERIOD  DURING  WHICH  THE  EMPLOYEE  OR  MEMBER MAY EXTEND CONTINUATION
COVERAGE. THE SPECIAL ENROLLMENT PERIOD SHALL RUN FOR SIXTY DAYS FOLLOW-
ING RECEIPT OF NOTICE UNDER SUBPARAGRAPH (E) OF  THIS  PARAGRAPH  OR  IF
NOTICE  IS NOT RECEIVED SIX MONTHS FROM THE LATER OF THE FIRST OF NOVEM-
BER, TWO THOUSAND NINE OR THE EFFECTIVE DATE OF THIS PARAGRAPH.
  (B) COVERAGE ISSUED DURING THE SPECIAL ENROLLMENT PERIOD SET FORTH  IN
SUBPARAGRAPH  (A) OF THIS PARAGRAPH SHALL BE PROSPECTIVE, AND SHALL TAKE
EFFECT NO LATER THAN THIRTY DAYS AFTER THE EMPLOYEE OR MEMBER ELECTS THE
EXTENSION AND PAYS THE FIRST PREMIUM.
  (C) AN EMPLOYEE OR MEMBER WHO EXTENDS CONTINUATION COVERAGE DURING THE
SPECIAL ENROLLMENT PERIOD SET FORTH IN SUBPARAGRAPH (A)  OF  THIS  PARA-
GRAPH  SHALL  BE  ENTITLED TO CONTINUATION COVERAGE FOR UP TO A TOTAL OF
THIRTY-SIX MONTHS, INCLUSIVE OF ANY COVERAGE PERIOD EXHAUSTED UNDER THIS
SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT,
29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE ACT,
42 U.S.C. S 300 BB - 1 ET SEQ., ESTABLISHED BY THE CONSOLIDATED  OMNIBUS
RECONCILIATION ACT OF 1985, AS AMENDED.
  (D)  ANY  GAP IN COVERAGE BETWEEN THE FIRST OF JULY, TWO THOUSAND NINE
THROUGH THE EFFECTIVE DATE OF THE COVERAGE  ISSUED  DURING  THE  SPECIAL
ENROLLMENT  PERIOD SET FORTH IN SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL

S. 6                                3                               A. 6

NOT REDUCE THE THIRTY-SIX MONTH TOTAL PERIOD OF CONTINUATION COVERAGE TO
WHICH AN EMPLOYEE OR MEMBER IS ENTITLED UNDER THIS SUBSECTION, AND SHALL
BE DISREGARDED FOR PURPOSES OF DETERMINING THE SIXTY-THREE DAY PERIOD TO
WHICH  SECTION  FOUR  THOUSAND  THREE  HUNDRED  EIGHTEEN OF THIS ARTICLE
REFERS.
  (E) WITHIN THIRTY DAYS OF THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,  A
CORPORATION  SHALL  MAKE REASONABLE EFFORTS TO PROVIDE WRITTEN NOTIFICA-
TION OF THE SPECIAL ENROLLMENT PERIOD SET FORTH IN SUBPARAGRAPH  (A)  OF
THIS  PARAGRAPH  TO  ALL  GROUP REMITTING AGENTS AND FORMER EMPLOYEES OR
MEMBERS ENTITLED TO THE SPECIAL ENROLLMENT PERIOD.
  S 3. Subsection (e) of section 4305 of the insurance law is amended by
adding a new paragraph 9 to read as follows:
  (9)(A) AN EMPLOYEE OR MEMBER WHOSE CONTINUATION COVERAGE  PURSUANT  TO
THIS SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY
ACT, 29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE
ACT,  42  U.S.C.   S 300 BB - 1 ET SEQ., ESTABLISHED BY THE CONSOLIDATED
OMNIBUS RECONCILIATION ACT OF 1985, AS AMENDED, EXHAUSTED:  (I)  BETWEEN
THE  FIRST  OF  JULY,  TWO  THOUSAND NINE AND THE FIRST OF NOVEMBER, TWO
THOUSAND NINE; AND (II) PRIOR TO THE GROUP CONTRACT'S RENEWAL, MODIFICA-
TION, ALTERATION OR AMENDMENT, SHALL BE ENTITLED TO A SPECIAL ENROLLMENT
PERIOD DURING WHICH THE  EMPLOYEE  OR  MEMBER  MAY  EXTEND  CONTINUATION
COVERAGE.    THE  SPECIAL  ENROLLMENT  PERIOD  SHALL  RUN FOR SIXTY DAYS
FOLLOWING RECEIPT OF NOTICE UNDER SUBPARAGRAPH (E) OF THIS PARAGRAPH  OR
IF  NOTICE  IS  NOT  RECEIVED  SIX MONTHS FROM THE LATER OF THE FIRST OF
NOVEMBER, TWO THOUSAND NINE OR THE EFFECTIVE DATE OF THIS PARAGRAPH.
  (B) COVERAGE ISSUED DURING THE SPECIAL ENROLLMENT PERIOD SET FORTH  IN
SUBPARAGRAPH  (A) OF THIS PARAGRAPH SHALL BE PROSPECTIVE, AND SHALL TAKE
EFFECT NO LATER THAN THIRTY DAYS AFTER THE EMPLOYEE OR MEMBER ELECTS THE
EXTENSION AND PAYS THE FIRST PREMIUM.
  (C) AN EMPLOYEE OR MEMBER WHO EXTENDS CONTINUATION COVERAGE DURING THE
SPECIAL ENROLLMENT PERIOD SET FORTH IN SUBPARAGRAPH (A)  OF  THIS  PARA-
GRAPH  SHALL  BE  ENTITLED TO CONTINUATION COVERAGE FOR UP TO A TOTAL OF
THIRTY-SIX MONTHS, INCLUSIVE OF ANY COVERAGE PERIOD EXHAUSTED UNDER THIS
SUBSECTION OR CHAPTER 18 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT,
29 U.S.C. S 1161 ET SEQ. OR CHAPTER 6A OF THE PUBLIC HEALTH SERVICE ACT,
42 U.S.C. S 300 BB - 1 ET SEQ., ESTABLISHED BY THE CONSOLIDATED  OMNIBUS
RECONCILIATION ACT OF 1985, AS AMENDED.
  (D)  ANY  GAP IN COVERAGE BETWEEN THE FIRST OF JULY, TWO THOUSAND NINE
AND THE EFFECTIVE DATE OF THE COVERAGE ISSUED DURING THE SPECIAL ENROLL-
MENT PERIOD SET FORTH IN SUBPARAGRAPH (A) OF THIS  PARAGRAPH  SHALL  NOT
REDUCE  THE THIRTY-SIX MONTH PERIOD OF CONTINUATION COVERAGE TO WHICH AN
EMPLOYEE OR MEMBER IS ENTITLED  UNDER  THIS  SUBSECTION,  AND  SHALL  BE
DISREGARDED  FOR  PURPOSES  OF DETERMINING THE SIXTY-THREE DAY PERIOD TO
WHICH SECTION FOUR THOUSAND  THREE  HUNDRED  EIGHTEEN  OF  THIS  ARTICLE
REFERS.
  (E)  WITHIN  THIRTY  DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, THE
CORPORATION SHALL MAKE REASONABLE EFFORTS TO PROVIDE  WRITTEN  NOTIFICA-
TION  OF  THE SPECIAL ENROLLMENT PERIOD SET FORTH IN SUBPARAGRAPH (A) OF
THIS PARAGRAPH TO ALL GROUP CONTRACT HOLDERS  AND  FORMER  EMPLOYEES  OR
MEMBERS ENTITLED TO THE SPECIAL ENROLLMENT PERIOD.
  S 4. Section 4 of chapter 236 of the laws of 2009, amending the insur-
ance law relating to extending state continuation benefits from eighteen
months to thirty-six months, is amended to read as follows:
  S  4.  This  act  shall take effect on July 1, 2009 and shall apply to
policies and contracts issued, renewed, modified, altered or amended [on

S. 6                                4                               A. 6

or after such date] BETWEEN JULY 1, 2009 AND OCTOBER 31, 2009, AND SHALL
APPLY TO ALL POLICIES AND CONTRACTS ON AND AFTER NOVEMBER 1, 2009.
  S 5. This act shall take effect immediately; provided, that:
  (a) sections one, two and three of this act shall expire and be deemed
repealed July 1, 2010; and
  (b)  section  four  of  this  act shall be deemed to have been in full
force and effect on and after July 1, 2009.

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