Senate Bill S5208

2021-2022 Legislative Session

Creates office of insurance consumer advocate within department of financial services

download bill text pdf

Sponsored By

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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2021-S5208 (ACTIVE) - Details

See Assembly Version of this Bill:
A1208
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §210-a, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4444
2011-2012: S2220, S6210
2013-2014: S3239
2015-2016: S2795, A7991
2017-2018: S3614, A103
2019-2020: S4817, A160
2023-2024: S7909

2021-S5208 (ACTIVE) - Summary

Creates the office of insurance consumer advocate within the department of financial services; provides that the office shall consist of five members; describes powers and duties; provides that such office be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

2021-S5208 (ACTIVE) - Sponsor Memo

2021-S5208 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5208
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, SALAZAR -- 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  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.
              

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