S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8932
 
                           I N  A S S E M B L Y
 
                              January 8, 2018
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the workers' compensation law, in relation to condi-
   tional renewal notices to policyholders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (b) of subdivision 5 of section 54 of the work-
 ers' compensation law, as added by chapter 469 of the laws of  2017,  is
 amended to read as follows:
   (b)  Conditional renewal FOR CARRIERS UNDER COMMON CONTROL. A contract
 of insurance shall remain in full force and effect subject to  the  same
 [terms  and  conditions, loss cost multipliers and classification of the
 employer with regard to the payment of dividends, pursuant  to  sections
 four  thousand one hundred six and four thousand one hundred fourteen of
 the insurance law] RATES AS THE EXPIRING CONTRACT  OF  INSURANCE  RATES,
 unless written notice is mailed or delivered by the insurance carrier to
 the employer, at the address shown on the policy, and to such employer's
 authorized agent or broker, indicating the insurance carrier's intention
 to  condition renewal upon issuance of a policy that supersedes a policy
 previously issued by another insurance carrier under common control that
 will result in an increased premium in excess of ten percent  (exclusive
 of  any  premium  increase generated as a result of increased loss costs
 filed and approved in accordance with  subsection  (e)  of  section  two
 thousand  three  hundred  five  of the insurance law, increased exposure
 units, or as a result of experience rating, contractor credit adjustment
 program, [drug free credit, merit rating,  managed  care  credit,  large
 deductible,  retrospective  rating or audit] MERIT RATING, RETROSPECTIVE
 RATING OR AUDIT OR REMOVAL OR REDUCTION OF A DRUG FREE  CREDIT,  MANAGED
 CARE  CREDIT, OR DEDUCTIBLE. Such notice shall be mailed or delivered at
 least thirty days in advance of the expiration date of the  policy,  and
 shall  set  forth  the  amount  of  the premium increase (or, where such
 amount cannot reasonably be determined as of  the  time  the  notice  is
 provided  DUE TO FAILURE OF THE POLICYHOLDER TO PROVIDE TO THE INSURANCE
 CARRIER THE INFORMATION NECESSARY TO DETERMINE THE PREMIUM, a reasonable
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02654-04-7

 A. 8932                             2
 
 estimate of the premium increase based upon the information available to
 the insurance carrier at that time). Nothing in this subdivision  [will]
 SHALL  require  the  insurance  carrier  to provide such notice when the
 employer,  an  agent  or  broker  authorized by the employer, or another
 insurance carrier of the employer has mailed or delivered written notice
 that the policy has been replaced or is no longer desired.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 469 of the laws of 2017 takes effect.