Assembly Bill A10674

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10674
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
   read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to financial  loss  as  a
   result of a failed in-vitro fertilization or intrauterine insemination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Subparagraph (D) of paragraph 17  of  subsection  (a)  of
 section 1113 of the insurance law, as amended by section 22 of part L of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (D)  (i)  (I)  Indemnifying an adoptive parent for verifiable expenses
 not prohibited under the law paid to or on behalf of  the  birth  mother
 when  either  one  or both of the birth parents of the child withdraw or
 withhold their consent to adoption. Such expenses may  include  materni-
 ty-connected medical or hospital expenses of the birth mother, necessary
 living  expenses  of  the birth mother preceding and during confinement,
 travel expenses of the birth mother to arrange for the adoption  of  the
 child,  legal  fees  of the birth mother, and any other expenses that an
 adoptive parent may lawfully pay to or on behalf of  the  birth  mother;
 [or]
   (II)  Indemnifying an intended parent for financial loss incurred as a
 result of the failure by the person acting as surrogate to perform under
 the surrogacy contract due to death, bodily injury, sickness, disappear-
 ance of the person acting as surrogate, late miscarriage, or stillbirth.
 Such financial loss shall include medical and hospital expenses,  insur-
 ance   co-payments,   deductibles,  and  coinsurance,  necessary  living
 expenses of the person acting as surrogate during the term of the surro-
 gacy contract, travel expenses to arrange for the surrogacy, legal  fees
 of  the  person  acting  as  surrogate,  and  any other expenses that an
 intended parent may lawfully pay to or on behalf of the person acting as
 surrogate; OR
   (III) INDEMNIFYING AN INTENDED  PARENT  FOR  EXPENSES  DISBURSED  WHEN
 EITHER  THE  INTENDED  PARENT  OR  A PERSON ACTING AS SURROGATE RECEIVES
 IN-VITRO FERTILIZATION OR INTRAUTERINE INSEMINATION TREATMENT THAT FAILS
 AND DOES NOT RESULT IN THE BIRTH OF  A  CHILD.    EXPENSES  MAY  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14749-01-4
 A. 10674                            2
 
 LIVING  EXPENSES  OF  THE PERSON ACTING AS SURROGATE DURING THE IN-VITRO
 FERTILIZATION  OR  INTRAUTERINE  INSEMINATION  TREATMENT  AND   EXPENSES
 INCURRED  BY THE INTENDED PARENT OR PERSON ACTING AS SURROGATE TO TRAVEL
 FOR  THE  IN-VITRO FERTILIZATION OR INTRAUTERINE INSEMINATION TREATMENT.
 EXPENSES ALSO MAY INCLUDE MEDICAL  AND  HOSPITAL  EXPENSES  NOT  COVERED
 UNDER  THE  INTENDED PARENT'S OR PERSON ACTING AS SURROGATE'S COMPREHEN-
 SIVE HEALTH INSURANCE AND INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND  COIN-
 SURANCE, BUT CREDIT INSURANCE AS DEFINED IN THIS CLAUSE SHALL NOT SOLELY
 COVER  SUCH  MEDICAL AND HOSPITAL EXPENSES, CO-PAYMENTS, DEDUCTIBLES, OR
 COINSURANCE; and
   (ii) For the purposes of this subparagraph "adoptive parent" means the
 parent or [his or her] THE PARENT'S spouse seeking  to  adopt  a  child,
 "birth  mother" means the biological mother of the child, "birth parent"
 means the biological mother or biological father of the child,  and  the
 terms  "donor",  "intended  parent",  "person  acting as surrogate", and
 "surrogacy agreement" shall  have  the  meaning  set  forth  in  section
 581-102 of the family court act; or
   §  2.    The  insurance law is amended by adding a new section 3437 to
 read as follows:
   § 3437. CREDIT INSURANCE FOR IN-VITRO  FERTILIZATION  OR  INTRAUTERINE
 INSEMINATION.  (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
 AN  INSURER  THAT  ISSUES  A  CREDIT INSURANCE POLICY PURSUANT TO CLAUSE
 (III) OF  ITEM  (I)  OF  SUBPARAGRAPH  (D)  OF  PARAGRAPH  SEVENTEEN  OF
 SUBSECTION  (A)  OF  SECTION  ONE  THOUSAND ONE HUNDRED THIRTEEN OF THIS
 CHAPTER SHALL PROVIDE A STATEMENT IN THE APPLICATION FOR  THE  INSURANCE
 POLICY  AND  IN A PROMINENT WRITING UPON POLICY ISSUANCE THAT THE CREDIT
 INSURANCE POLICY IS NOT A SUBSTITUTE FOR COMPREHENSIVE HEALTH INSURANCE.
   (B) AN EXCESS LINE BROKER WHO PROCURES SUCH A CREDIT INSURANCE  POLICY
 PURSUANT  TO SECTION TWO THOUSAND ONE HUNDRED FIVE OF THIS CHAPTER SHALL
 PROVIDE THE STATEMENT REQUIRED BY SUBSECTION  (A)  OF  THIS  SECTION  ON
 BEHALF OF THE INSURER.
   §  3.   This act shall take effect on the thirtieth day after it shall
 have become a law.