senate Bill S5800

Signed By Governor
2011-2012 Legislative Session

Relates to implementation of the Affordable Health Care Act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.219
Jul 08, 2011 delivered to governor
Jun 22, 2011 returned to senate
passed assembly
ordered to third reading rules cal.587
substituted for a8460
Jun 20, 2011 referred to insurance
delivered to assembly
passed senate
ordered to third reading cal.1376
Jun 17, 2011 referred to rules

S5800 - Details

See Assembly Version of this Bill:
A8460
Law Section:
Insurance Law
Laws Affected:
Amd Ins L, generally; amd §§4403, 4406-b, 4900, 4910, 4912 & 4914, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A8457

S5800 - 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 (view more) prohibits lifetime and annual coverage limits; eliminates certain appeal requirements; allows commissioner to devise and implement regulations pertaining thereto.

S5800 - Sponsor Memo

S5800 - Bill Text download pdf

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

                                  5800

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 17, 2011
                               ___________

Introduced by Sen. SEWARD -- (at request of the New York State Insurance
  Department)  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Rules

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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