NY State Senate Bill 2019-S5330

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Apr 26, 2019	referred to insurance

2019-S5330 (ACTIVE) - Details

See Assembly Version of this Bill:: A6837
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S726, A1327
2023-2024: S3234, A1682

2019-S5330 (ACTIVE) - Summary

Relates to gender indication on insurance claim forms; policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2019-S5330 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5330

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
gender indication on claim forms

 
PURPOSE:

The purpose of this bill is to prohibit health insurance claim denials
based on the gender of an insured person

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (i) of section 3216 of the insurance law to
prohibit individual accident and health insurers from excluding 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 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.

Section 2 amends subsection (1) of section 3221 of the insurance law to
prohibit group insurers from excluding 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 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.

Section 3 adds a new subsection (ss) to section 4303 of the insurance
law to prohibit group insurers from excluding 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 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.

Section 4 establishes the effective date.

 
JUSTIFICATION:

It has come to light that health insurers have been denying claims of
transgender individuals because the gender with which the individual
identifies does not match the gender of someone to whom those services
are typically provided. Additionally, claims of transgender individuals
are being denied solely on the basis that the gender on a claim form
does not match the gender on the insurance company's records. This
results in individuals having to appeal these denials, many of which are
subsequently overturned, before they can receive coverage.

This bill addresses these issues and ensures that transgender individ-
uals receive health care coverage in a timely manner by prohibiting
health insurers from denying coverage solely on the basis of the gender
indicated on a claim form, or that the gender on a claim form does not
match the insured's gender otherwise recorded, or that the gender with

which the individual identifies does not match the gender of someone to
whom those services are typically provided.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:.

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law and shall apply to policies and
contracts issued, renewed, modified, altered or amended on and after
such date.

2019-S5330 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5330
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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 (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.
   § 2. 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
 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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01260-02-9

 S. 5330                             2
 
 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.
   §  4. 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.

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Senate Bill S5330

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

2019-S5330 (ACTIVE) - Details

2019-S5330 (ACTIVE) - Summary

2019-S5330 (ACTIVE) - Sponsor Memo

2019-S5330 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5330

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Insurance Committee

2019-S5330 (ACTIVE) - Details

2019-S5330 (ACTIVE) - Summary

2019-S5330 (ACTIVE) - Sponsor Memo

2019-S5330 (ACTIVE) - Bill Text download pdf

Comments