Senate Bill S4540A

2015-2016 Legislative Session

Relates to rating of individual and small group health insurance policies; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2015-S4540 - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3231, rpld & add §4308 sub§§ (c) & (d), Ins L
Versions Introduced in 2017-2018 Legislative Session:
S6624

2015-S4540 - Summary

Relates to rating of individual and small group health insurance policies.

2015-S4540 - Sponsor Memo

2015-S4540 - Bill Text download pdf

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

                                  4540

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- 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 rating  of  individual
  and small group health insurance policies

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

  Section 1. Subparagraph (A) of  paragraph  1  of  subdivision  (e)  of
section 3231 of the insurance law, as amended by chapter 107 of the laws
of 2010 and as further amended by section 104 of part A of chapter 62 of
the laws of 2011, is amended to read as follows:
  (A) An insurer desiring to increase or decrease premiums for any poli-
cy  form  subject to this section shall submit a rate filing or applica-
tion to the superintendent.
  An insurer shall send written notice of the proposed rate  adjustment,
[including  the  specific  change  requested,] to each policy holder and
certificate holder affected by the adjustment on or before the date  the
rate  filing  or  application  is  submitted  to the superintendent. The
notice shall prominently include mailing and website addresses for  both
the  department  of  financial  services and the insurer through which a
person may, within thirty days from the date the rate filing or applica-
tion is submitted to  the  superintendent,  contact  the  department  of
financial  services  or  insurer to receive additional information or to
submit written comments to the department of financial services  on  the
rate filing or application. The superintendent shall establish a process
to  post  on  the department's website, in a timely manner, all relevant
written comments received pertaining to rate  filings  or  applications.
The  insurer  shall  provide  a copy of the notice to the superintendent
with the rate filing or application. The superintendent shall immediate-
ly cause the  notice  to  be  posted  on  the  department  of  financial
services' website. The superintendent shall determine whether the filing
or  application  shall become effective as filed, shall become effective

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10031-01-5
              

co-Sponsors

2015-S4540A (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3231, rpld & add §4308 sub§§ (c) & (d), Ins L
Versions Introduced in 2017-2018 Legislative Session:
S6624

2015-S4540A (ACTIVE) - Summary

Relates to rating of individual and small group health insurance policies.

2015-S4540A (ACTIVE) - Sponsor Memo

2015-S4540A (ACTIVE) - Bill Text download pdf

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

                                 4540--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sens. SEWARD, VALESKY -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  recommitted  to  the  Committee on Insurance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the insurance law, in relation to rating of individual
  and small group health  insurance  policies;  and  to  repeal  certain
  provisions of such law relating thereto

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

  Section 1. Subsections (d) and (e) of section 3231  of  the  insurance
law,  subsection (d) as amended by section 1 of part A of chapter 494 of
the laws of 2009, subsection (e) as amended by chapter 107 of  the  laws
of  2010,  subparagraph (A) of paragraph 1 of subdivision (e) as further
amended by section 104 of part A of chapter 62 of the laws of  2011  and
subparagraph  (B) of paragraph 1 of subsection (e) as amended by section
61 of part D of chapter 56 of the laws of 2013, are amended to  read  as
follows:
  (d)  (1)  Notwithstanding  any  other provision of this chapter to the
contrary, no NEW OR INITIAL policy form subject to this section shall be
issued or delivered, nor any insurance contract entered into, unless and
until the insurer has filed with the superintendent a schedule of premi-
ums, not to exceed twelve months in duration, to be paid under the poli-
cy forms and obtained the superintendent's approval thereof. The  super-
intendent may refuse such approval if he or she finds that such premiums
are  excessive,  inadequate, or unfairly discriminatory. The superinten-
dent may consider the financial condition of such insurer  in  approving
or disapproving any premium. In determining whether to approve the sche-
dule  of  premiums  filed,  the  superintendent  shall,  subject  to the
provisions of section three thousand two hundred  thirty-three  of  this
article,  consider  the prior experience of the insurer's community pool

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10031-02-6
              

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