S T A T E O F N E W Y O R K
________________________________________________________________________
2283
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. BARCLAY, LEMONDES, DeSTEFANO, J. M. GIGLIO,
BLANKENBUSH -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to providing transparency
in long term care insurance rates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1117 of the insurance law is amended by adding a
new subsection (h) to read as follows:
(H) (1) ALL RATE FILING APPLICATIONS CONCERNING POLICIES COVERED BY
THE PROVISIONS OF THIS SECTION SHALL INCLUDE A PLAIN LANGUAGE SUMMARY OF
SUCH APPLICATION IN A CLEAR AND CONSPICUOUS READABLE FORMAT.
(2) PRIOR TO THE SUBMISSION OF ANY RATE FILING APPLICATION WITH THE
DEPARTMENT, AN INSURER COVERED BY THE PROVISIONS OF THIS SECTION SHALL
NOTIFY POLICYHOLDERS OF ANY PROPOSED RATE INCREASE. SUCH NOTIFICATION
SHALL INCLUDE A STATEMENT DESCRIBING HOW THE RATE FILING WILL IMPACT
POLICYHOLDERS, A JUSTIFICATION FOR THE RATE FILING, A GOOD FAITH ESTI-
MATE, SPECIFIC TO THE POLICYHOLDER, OF THE POLICYHOLDER'S RENEWAL RATE
IF THE RATE FILING APPLICATION IS APPROVED, AND A COMPARISON OF SUCH
RATE ALONG WITH THE RATE SUCH POLICYHOLDER WOULD PAY IF SUCH APPLICA-
TION IS NOT APPROVED BY THE DEPARTMENT. SUCH NOTICE SHALL ALSO PROVIDE A
LINK TO A WEBSITE WHERE THE POLICYHOLDER MAY REVIEW A COMPLETE COPY OF
SUCH RATE FILING APPLICATION.
(3) THE DEPARTMENT SHALL POST ALL RATE FILING APPLICATIONS CONCERNING
POLICIES COVERED BY THIS SECTION ON ITS WEBSITE WITHIN SEVEN DAYS OF
RECEIPT OF ANY SUCH APPLICATION.
(4) THE DEPARTMENT SHALL ACCEPT COMMENTS FROM POLICYHOLDERS CONCERNING
ANY SUCH RATE FILING APPLICATION FOR A PERIOD OF FORTY-FIVE DAYS FROM
THE DATE ON WHICH SUCH APPLICATION WAS FILED WITH THE DEPARTMENT AND
SHALL CONSIDER ALL SUCH COMMENTS IN ITS ADJUDICATION OF SUCH APPLICA-
TION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05945-01-3