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Assembly Bill A1682B

2023-2024 Legislative Session

Relates to prohibiting the exclusion of coverage based upon gender indication on insurance claim forms

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1682 - Details

Current Committee:
Assembly Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3243 & 4330, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6837
2021-2022: A1327

2023-A1682 - Summary

Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2023-A1682 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1682
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
   SEAWRIGHT, GLICK, REYES -- 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 39 to read as follows:
   (39) 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 22 to read as follows:
   (22)  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 (uu) to read as follows:
   (UU)  EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-01-3

co-Sponsors

multi-Sponsors

2023-A1682A - Details

Current Committee:
Assembly Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3243 & 4330, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6837
2021-2022: A1327

2023-A1682A - Summary

Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2023-A1682A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1682--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
   SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of  A.  SAYEGH  --
   read  once  and  referred  to  the Committee on Insurance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the insurance law, in relation to prohibiting the exclu-
   sion of coverage based upon 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 39 to read as follows:
   (39) EVERY POLICY 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  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 PROVIDED.  NOTHING
 HEREIN  SHALL  LIMIT  THE  INSURER'S  ABILITY  TO TAKE REASONABLE STEPS,
 INCLUDING REQUESTING ADDITIONAL INFORMATION, TO  DETERMINE  WHETHER  THE
 INSURED  IS ELIGIBLE FOR THE SERVICES, TO REVIEW THE CLAIM FOR POTENTIAL
 FRAUD, OR TO REVIEW THE CLAIM FOR CLINICAL APPROPRIATENESS.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY POLICY 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  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 PROVIDED.  NOTHING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-03-3

co-Sponsors

multi-Sponsors

2023-A1682B (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3243 & 4330, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6837
2021-2022: A1327

2023-A1682B (ACTIVE) - Summary

Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2023-A1682B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1682--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
   SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of  A.  SAYEGH  --
   read  once  and  referred  to  the Committee on Insurance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the insurance law, in relation to prohibiting the exclu-
   sion of coverage based upon 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. Paragraphs 7 and 8 of subsection (a) of section 3243 of the
 insurance law, as added by section 2 of subpart D of part J  of  chapter
 57  of  the  laws of 2019, are amended and a new paragraph 9 is added to
 read as follows:
   (7) fix any lower rate or discriminate in the fees or  commissions  of
 insurance  agents  or  insurance  brokers for writing or renewing such a
 policy; [or]
   (8) engage in sexual stereotyping[.]; OR
   (9) DENY A CLAIM OF AN INSURED BECAUSE THE  INSURED'S  GENDER  OR  SEX
 INDICATED ON A CLAIM FORM SUBMITTED TO THE INSURER IS DIFFERENT FROM THE
 SEX OR GENDER INDICATED ON THE INSURED'S POLICY FORMS, UNLESS THE INSUR-
 ER  HAS TAKEN REASONABLE STEPS, INCLUDING REQUESTING ADDITIONAL INFORMA-
 TION, TO DETERMINE WHETHER THE INSURED  IS  ELIGIBLE  FOR  THE  SERVICES
 PRIOR TO DENIAL OF SUCH CLAIM.
   §  2.    Paragraphs  7  and 8 of subsection (a) of section 4330 of the
 insurance law, as added by section 3 of subpart D of part J  of  chapter
 57  of  the  laws of 2019, are amended and a new paragraph 9 is added to
 read as follows:
   (7) fix any lower rate or discriminate in the fees or  commissions  of
 insurance  agents  or  insurance  brokers for writing or renewing such a
 contract; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-04-4

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