Assembly Bill A11031

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11031
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Woerner,
   O'Donnell) -- read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to gender  indication  on
   claim forms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subsection (a) of section 3224  of  the  insurance  law  is
 amended to read as follows:
   (a)  The  superintendent  shall establish standard claim forms for the
 services of hospitals, physicians and other health care providers to  be
 used  for all accident and health insurance claims. All insurers provid-
 ing such insurance shall accept said standard claim forms when submitted
 by a hospital, physician or other health care provider covering services
 rendered to an individual covered by the policy or when submitted by  an
 insured covering these same services. Corporations operating under arti-
 cle  forty-three of this chapter shall be required to use standard claim
 forms as established by the superintendent  pursuant  to  this  section.
 SUCH  STANDARD  CLAIM  FORMS SHALL INCLUDE AT LEAST THREE GENDER OPTIONS
 PURSUANT TO  REGULATIONS  ISSUED  BY  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 35 to read as follows:
   (35)  EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE THAT
 PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  SHALL  NOT
 EXCLUDE  COVERAGE  FOR  SCREENING,  DIAGNOSIS  AND  TREATMENT OF MEDICAL
 CONDITIONS, OR SERVICES OTHERWISE COVERED BY THE POLICY  SOLELY  ON  THE
 BASIS  OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE GENDER INDI-
 CATED ON A CLAIM FORM IS DIFFERENT FROM THE INSURED'S  SEX  ASSIGNED  AT
 BIRTH  OR  GENDER  OTHERWISE RECORDED, OR THAT THE INSURED IS NOT OF THE
 GENDER TO WHOM A SERVICE IS TYPICALLY OR EXCLUSIVELY PROVIDED.
   § 3. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE  THAT
 PROVIDES  COVERAGE  FOR  HOSPITAL,  SURGICAL  OR  MEDICAL CARE SHALL NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16138-01-8

 A. 11031                            2
 
 EXCLUDE COVERAGE FOR  SCREENING,  DIAGNOSIS  AND  TREATMENT  OF  MEDICAL
 CONDITIONS,  OR  SERVICES  OTHERWISE COVERED BY THE POLICY SOLELY ON THE
 BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE GENDER  INDI-
 CATED  ON  A  CLAIM FORM IS DIFFERENT FROM THE INSURED'S SEX ASSIGNED AT
 BIRTH OR GENDER OTHERWISE RECORDED, OR THAT THE INSURED IS  NOT  OF  THE
 GENDER TO WHOM A SERVICE IS TYPICALLY OR EXCLUSIVELY PROVIDED.
   §  4.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE  PROVISIONS
 OF THIS ARTICLE THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL
 CARE  SHALL  NOT EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS AND TREATMENT
 OF MEDICAL CONDITIONS, OR SERVICES OTHERWISE  COVERED  BY  THE  CONTRACT
 SOLELY ON THE BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE
 GENDER  INDICATED  ON  A  CLAIM FORM IS DIFFERENT FROM THE INSURED'S SEX
 ASSIGNED AT BIRTH OR GENDER OTHERWISE RECORDED, OR THAT THE  INSURED  IS
 NOT  OF  THE  GENDER  TO  WHOM  A  SERVICE  IS  TYPICALLY OR EXCLUSIVELY
 PROVIDED.
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies and contracts issued, renewed, modified, altered or amended  on
 and after such date.