S T A T E O F N E W Y O R K
________________________________________________________________________
3684
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. STIRPE, HUNTER -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to catastrophic or rein-
surance coverage issued to certain small groups
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subsection (g) of section 3231 of the insur-
ance law, as amended by chapter 12 of the laws of 2016, is amended by
adding a new subparagraph (C) to read as follows:
(C) SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL NOT APPLY TO GROUPS WHICH
HAVE BEEN FORMED PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW
FOR THE PURPOSE OF JOINTLY PURCHASING HEALTH INSURANCE AND ARE COMPRISED
ENTIRELY OF ONE OR MORE MUNICIPAL CORPORATIONS OR DISTRICTS (AS SUCH
TERMS ARE DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL
MUNICIPAL LAW).
§ 2. Paragraph 1 of subsection (g) of section 3231 of the insurance
law, as amended by section 2 of subpart A of part J of chapter 57 of the
laws of 2019, is amended to read as follows:
(1) This section shall also apply to policies issued to a group
defined in subsection (c) of section four thousand two hundred thirty-
five OF THIS CHAPTER, including but not limited to an association or
trust of employers, if the group includes one or more member employers
or other member groups which have one hundred or fewer employees or
members exclusive of spouses and dependents. For policies issued or
renewed on or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for coverage
subject to this section, then such member employers shall be classified
as small groups for rating purposes and the remaining members shall be
rated consistent with the rating rules applicable to such remaining
members pursuant to paragraph two of this subsection. THIS PARAGRAPH
SHALL NOT APPLY TO GROUPS WHICH HAVE BEEN FORMED PURSUANT TO ARTICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06829-01-1
A. 3684 2
FIVE-G OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF JOINTLY PURCHAS-
ING HEALTH INSURANCE AND ARE COMPRISED ENTIRELY OF ONE OR MORE MUNICIPAL
CORPORATIONS OR DISTRICTS, AS SUCH TERMS ARE DEFINED IN SECTION ONE
HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW.
§ 3. Paragraph 1 of subsection (d) of section 4317 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended by adding
a new subparagraph (C) to read as follows:
(C) SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL NOT APPLY TO GROUPS WHICH
HAVE BEEN FORMED PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW
FOR THE PURPOSE OF JOINTLY PURCHASING HEALTH INSURANCE AND ARE COMPRISED
ENTIRELY OF ONE OR MORE MUNICIPAL CORPORATIONS OR DISTRICTS (AS SUCH
TERMS ARE DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL
MUNICIPAL LAW).
§ 4. Paragraph 1 of subsection (d) of section 4317 of the insurance
law, as amended by section 7 of subpart A of part J of chapter 57 of the
laws of 2019, is amended to read as follows:
(1) This section shall also apply to a contract issued to a group
defined in subsection (c) of section four thousand two hundred thirty-
five of this chapter, including but not limited to an association or
trust of employers, if the group includes one or more member employers
or other member groups which have one hundred or fewer employees or
members exclusive of spouses and dependents. For contracts issued or
renewed on or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for coverage
subject to this section, then such member employers shall be classified
as small groups for rating purposes and the remaining members shall be
rated consistent with the rating rules applicable to such remaining
members pursuant to paragraph two of this subsection. PROVIDED, HOWEVER,
THIS SUBSECTION SHALL NOT APPLY TO GROUPS WHICH HAVE BEEN FORMED PURSU-
ANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW FOR THE PURPOSE OF
JOINTLY PURCHASING HEALTH INSURANCE AND ARE COMPRISED ENTIRELY OF ONE OR
MORE MUNICIPAL CORPORATIONS OR DISTRICTS, AS SUCH TERMS ARE DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW.
§ 5. This act shall take effect immediately, provided that the amend-
ments to paragraph 1 of subsection (g) of section 3231 and paragraph 1
of subsection (d) of section 4317 of the insurance law made by sections
one and three of this act shall be subject to the expiration and rever-
sion of such paragraphs pursuant to section 5 of chapter 588 of the laws
of 2015, as amended, when upon such date the provisions of sections two
and four, respectively, of this act shall take effect.