Assembly Bill A1208

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1208
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance  law, in relation to establishing the
   office of insurance consumer advocate within the department of  finan-
   cial services and describing its powers and duties

   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  210-a
 to read as follows:
   §  210-A.  OFFICE  OF INSURANCE CONSUMER ADVOCATE. (A) THERE IS HEREBY
 CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
 HEREAFTER REFERRED TO IN THIS SECTION AS THE OFFICE. SUCH  OFFICE  SHALL
 CONSIST  OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE SECRE-
 TARY OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE  SUPERINTENDENT.
 MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
 MEMBERS,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
   (1) ASSESS THE IMPACT OF INSURANCE  REGULATORY  ACTIONS  ON  NEW  YORK
 CONSUMERS.  SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS FOR
 SUBSCRIBER RATE CHANGES FILED BY  HEALTH  INSURANCE  PROVIDERS  LICENSED
 PURSUANT  TO  ARTICLE FORTY-THREE OF THIS CHAPTER AND ARTICLE FORTY-FOUR
 OF THE PUBLIC HEALTH LAW.
   (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
 ED AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE  THE
 SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
   (3)  POSSESS  ALL RIGHTS AND POWERS OF ANY PARTY AT INTEREST APPEARING
 BEFORE THE DEPARTMENT WITH REGARD TO EXAMINATION  AND  CROSS-EXAMINATION
 OF WITNESSES AND PRESENTATION OF EVIDENCE.
   (4)  HAVE  ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL RECORDS GATH-
 ERED BY THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH  IS  RELE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01315-01-1

 A. 1208                             2
 
 VANT  TO  THE  SUBJECT  MATTER  INVOLVED  IN SUCH PROCEEDINGS BEFORE THE
 DEPARTMENT.
   (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
 CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
 POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
   THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
 CATES AT ANY OFFICIAL PROCEEDINGS.
   (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
 INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
 CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
 PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
 ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
 ADMINISTERING AND OPERATING THE OFFICE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.