senate Bill S531

2013-2014 Legislative Session

Allows third party notification by insurance carriers in regard to long term care policies

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jan 09, 2013 referred to insurance

S531 - Details

See Assembly Version of this Bill:
A1154
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3111, 2324 & 4224, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6935, A168
2009-2010: A683

S531 - Summary

Allows third party notification by insurance carriers in regard to long term care policies; further prohibits the inclusion of certain goods/services in the sale of insurance policies without consent and provides penalty for a violation of this prohibition.

S531 - Sponsor Memo

S531 - Bill Text download pdf

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

                                   531

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to third party  notifica-
  tion by insurance carriers in certain instances in regard to long term
  care policies; prohibiting the inclusion of certain goods and services
  in  the  sale  of  certain  insurance  policies  without the insured's
  informed consent, and providing a specific penalty  for  violation  of
  such prohibition

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

  Section 1. Subsection (f) of section 3111 of  the  insurance  law,  as
relettered by section 30 of part B of chapter 58 of the laws of 2004, is
relettered  subsection  (g) and a new subsection (f) is added to read as
follows:
  (F) EVERY INSURER THAT HAS IN FORCE A LONG-TERM CARE INSURANCE  POLICY
AS DEFINED IN SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER
THE  PREMIUMS  FOR  WHICH ARE PAID DIRECTLY TO THE INSURER BY THE SENIOR
CITIZEN INSURED SHALL PERMIT THE INSURED TO DESIGNATE A  PARTY  TO  WHOM
THE  INSURER  SHALL  TRANSMIT  NOTICES  OF NONPAYMENT OF PREMIUMS DUE OR
NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUMS, AS DETERMINED BY  THE
INSURER.  THE SENIOR CITIZEN SHALL NOTIFY THE INSURER THAT A THIRD PARTY
HAS BEEN SO DESIGNATED. SUCH NOTIFICATION  SHALL  BE  DELIVERED  TO  THE
INSURER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND SHALL BE EFFEC-
TIVE  NOT  LATER  THAN TEN BUSINESS DAYS FROM THE DATE OF RECEIPT BY THE
INSURER. THE NOTIFICATION MUST CONTAIN, IN WRITING, AN ACCEPTANCE BY THE
THIRD PARTY DESIGNEE TO RECEIVE SUCH NOTICES OF CANCELLATION. SHOULD THE
THIRD PARTY DESIGNEE DESIRE TO TERMINATE HIS OR HER STATUS  AS  A  THIRD
PARTY  DESIGNEE,  SUCH DESIGNEE SHALL PROVIDE WRITTEN NOTICE TO BOTH THE
INSURER AND THE  SENIOR  CITIZEN  INSURED.  SHOULD  THE  SENIOR  CITIZEN
INSURED  DESIRE  TO  TERMINATE  THE THIRD PARTY DESIGNATION, THE INSURED

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

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