S T A T E O F N E W Y O R K
________________________________________________________________________
1327
2021-2022 Regular Sessions
I N A S S E M B L Y
January 8, 2021
___________
Introduced by M. of A. WOERNER, ENGLEBRIGHT, SIMON, GOTTFRIED, DICKENS,
THIELE, CRUZ, NIOU, GUNTHER, SEAWRIGHT, GLICK, FRONTUS, REYES,
O'DONNELL, PICHARDO -- Multi-Sponsored by -- M. of A. SAYEGH -- read
once and referred 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 36 to read as follows:
(36) 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01293-01-1
A. 1327 2
(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
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.