S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2010
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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  amended by section 1 of part B of chapter 71 of the
 laws of 2016, 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.
   §  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.
   § 3. Paragraph 6 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'
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD02644-01-7
 A. 2010                             2
 
 NOTICE PRIOR TO THE TERMINATION. SUCH NOTICE  SHALL  BE  DIRECT  TO  THE
 INSURED PERSON AND SHALL NOT BE WRITTEN.
   §  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.
   § 5. Subsection (k) 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.
   § 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.
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as  section 4 of part B of chapter 71 of the laws of 2016, takes
 effect.