S T A T E O F N E W Y O R K
________________________________________________________________________
5063
2015-2016 Regular Sessions
I N A S S E M B L Y
February 11, 2015
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring three days'
notice before terminating coverage for the diagnosis and treatment of
substance use disorders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 30 of subsection (i) of section 3216 of the
insurance law, as added by chapter 41 of the laws of 2014, is amended by
adding a new subparagraph (D) to read as follows:
(D) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
PARAGRAPH, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS'
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 2. Paragraph 31 of subsection (i) of section 3216 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
PARAGRAPH, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS'
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 3. Paragraph 6 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (D) to read as follows:
(D) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
PARAGRAPH, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS'
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08253-01-5
A. 5063 2
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 4. Paragraph 7 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
PARAGRAPH, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS'
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 5. Subsection (k) of section 4303 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
(4) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
SUBSECTION, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS'
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 6. Subsection (l) of section 4303 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
(5) IN THE EVENT THE INSURER TERMINATES COVERAGE FOR THE DIAGNOSIS AND
TREATMENT OF SUBSTANCE USE DISORDER, INCLUDING DETOXIFICATION AND REHA-
BILITATION SERVICES, FOR AN INSURED PERSON AUTHORIZED PURSUANT TO THIS
SUBSECTION, THE INSURER SHALL PROVIDE THE INSURED PERSON THREE DAYS
NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE SHALL BE DIRECT TO THE
INSURED PERSON AND SHALL NOT BE WRITTEN.
S 7. This act shall take effect on the same date and in the same
manner as chapter 41 of the laws of 2014, takes effect.