S T A T E O F N E W Y O R K
________________________________________________________________________
6559
2019-2020 Regular Sessions
I N A S S E M B L Y
March 11, 2019
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to eligibility for life
insurance based upon pre-existing medical conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3242
to read as follows:
§ 3242. ELIGIBILITY FOR LIFE INSURANCE BASED UPON PRE-EXISTING MEDICAL
CONDITIONS. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
FOR ANY POLICY PROVIDING COVERAGE UP TO FIVE HUNDRED THOUSAND DOLLARS,
NO INSURER OR ENTITY AUTHORIZED TO DO THE KINDS OF BUSINESS SPECIFIED IN
PARAGRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED
THIRTEEN OF THIS CHAPTER SHALL INCLUDE ANY PRE-EXISTING MEDICAL CONDI-
TIONS IN DETERMINING PREMIUM RATES FOR THE INSUREDS.
(B) NO POLICY AUTHORIZED BY PARAGRAPH ONE OF SUBSECTION (A) OF SECTION
ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS CHAPTER, PROVIDING COVERAGE UP
TO FIVE HUNDRED THOUSAND DOLLARS, SHALL BE DENIED OR CANCELED BY THE
INSURER, OR THE TERMS AND CONDITIONS OF SUCH POLICY ALTERED BY THE
INSURER, SOLELY ON THE BASIS OF AN INDIVIDUAL HAVING ONE OR MORE PRE-EX-
ISTING MEDICAL CONDITIONS.
(C) NOTHING IN THIS SECTION SHALL PROHIBIT A POLICY FROM BEING DENIED
OR CANCELED BY THE INSURER, OR THE TERMS AND CONDITIONS OF SUCH POLICY
ALTERED BY THE INSURER, OR THE PREMIUM RATES ADJUSTED BY THE INSURER, IF
THE INDIVIDUAL HAS RECEIVED A TERMINAL DIAGNOSIS FROM A HEALTH CARE
PROVIDER OR PARTICIPATES IN HIGH RISK ACTIVITIES INCLUDING, BUT NOT
LIMITED TO, SMOKING, VAPING, TOBACCO USE, BUNGEE JUMPING, SCUBA DIVING,
PARACHUTING, CAR RACING, BIKE RACING, BOAT RACING, HANG GLIDING, SKIING,
SNOWBOARDING, SURFING, WHITEWATER RAFTING, HOT AIR BALLOONING, ROCK
CLIMBING, MOUNTAIN CLIMBING, OR FLYING A PRIVATE PLANE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.