Assembly Bill A8457

2011-2012 Legislative Session

Relates to implementation of the Affordable Health Care Act

download bill text pdf

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Archive: Last Bill Status - Stricken


  • 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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2011-A8457 (ACTIVE) - Details

See other versions of this Bill:
S5800 ,
A8460 ,
Law Section:
Insurance Law
Laws Affected:
Amd Ins L, generally; amd §§4403, 4406-b, 4900, 4910, 4912 & 4914, Pub Health L

2011-A8457 (ACTIVE) - Summary

Relates to prescription drug coverage, pre-existing conditions and preventive health care; increases the age of dependent children; provides for choice of health care providers; relates to pediatric care

2011-A8457 (ACTIVE) - Bill Text download pdf

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

                                  8457

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2011
                               ___________

Introduced  by  M.  of  A.  MORELLE -- (at request of the New York State
  Insurance Department) -- read once and referred to  the  Committee  on
  Insurance

AN ACT to amend the insurance law and the public health law, in relation
  to  implementation of the federal affordable care act in health insur-
  ance policies and contracts

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

  Section  1.  Subsection  (b)  of  section 3105 of the insurance law is
amended to read as follows:
  (b)(1) No misrepresentation shall avoid any contract of  insurance  or
defeat  recovery  thereunder unless such misrepresentation was material.
No misrepresentation shall be deemed material unless  knowledge  by  the
insurer  of  the facts misrepresented would have led to a refusal by the
insurer to make such contract.
  (2) WITH RESPECT TO  A  POLICY  OF  HOSPITAL,  MEDICAL,  SURGICAL,  OR
PRESCRIPTION  DRUG  EXPENSE  INSURANCE SUBJECT TO ARTICLES THIRTY-TWO OR
FORTY-THREE OF  THIS  CHAPTER,  NO  MISREPRESENTATION  SHALL  AVOID  ANY
CONTRACT OF INSURANCE OR DEFEAT RECOVERY THEREUNDER UNLESS THE MISREPRE-
SENTATION WAS ALSO INTENTIONAL.
  S  2. Subsection (a) of section 3216 of the insurance law, paragraph 4
as amended by section 65-d of part A of chapter 58 of the laws of  2007,
and  subparagraph (C) of paragraph 4 as added by chapter 240 of the laws
of 2009, is amended to read as follows:
  (a) In this section the term:
  (1) "Policy of accident and health insurance" includes any  individual
policy  or contract covering the kind or kinds of insurance described in
paragraph three of subsection (a) of section one  thousand  one  hundred
thirteen of this chapter.
  (2) "Indemnity" means benefits promised.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09858-05-1

              

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