Assembly Bill A6126A

2023-2024 Legislative Session

Prohibits insurers from reducing disability benefits due to the actual or anticipated receipt of social security disability benefits unless certain conditions are met

download bill text pdf

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Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A6126 - Details

See Senate Version of this Bill:
S5242
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216 & 3221, Ins L

2023-A6126 - Summary

Prohibits insurers from reducing disability benefits due to the actual or anticipated receipt of social security disability benefits unless certain conditions are met.

2023-A6126 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6126
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to amend the insurance law, in relation to prohibiting insurers
   from reducing disability benefits unless certain conditions are met
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 3216 of the insurance law is amended by adding two
 new subsections (n) and (o) to read as follows:
   (N) NO POLICY OR CERTIFICATE OF ACCIDENT AND HEALTH INSURANCE  PROVID-
 ING  DISABILITY  BENEFITS DELIVERED OR ISSUED FOR DELIVERY TO ANY PERSON
 IN THIS STATE SHALL CONTAIN ANY  PROVISION  AUTHORIZING  AN  INSURER  TO
 OFFSET  OR  REDUCE  BENEFITS DUE TO THE ACTUAL OR ANTICIPATED RECEIPT OF
 SOCIAL SECURITY DISABILITY BENEFITS OR OTHER DISABILITY BENEFITS, UNLESS
 SUCH POLICY OR CERTIFICATE NOTIFIES THE INSURED  THAT  THE  INSURED  MAY
 QUALIFY  FOR  SUCH  BENEFITS,  AND  TO  PURSUE SUCH BENEFITS THROUGH ANY
 REQUIRED ADMINISTRATIVE APPEALS.
   (O) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF
 ACCIDENT AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO  THE
 ACTUAL  OR  ESTIMATED  RECEIPT  OF  SOCIAL SECURITY DISABILITY INSURANCE
 BENEFITS UNLESS:
   (1) THE INSURER HAS A REASONABLE, GOOD FAITH BELIEF THAT  THE  INSURED
 IS  ENTITLED  TO  SUCH BENEFITS AND A MEANS OF REASONABLY ESTIMATING THE
 AMOUNT PAYABLE;
   (2) THE INSURER MAKES A GOOD FAITH EFFORT TO  ASSIST  THE  INSURED  IN
 APPLYING FOR SUCH BENEFITS; AND
   (3)  THE  INSURED  FAILS  TO  APPLY FOR, OR PURSUE, SUCH BENEFITS WITH
 REASONABLE DILIGENCE DURING THE  APPLICATION  PROCESS  OR  ANY  REQUIRED
 APPEALS.
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09886-01-3

co-Sponsors

2023-A6126A (ACTIVE) - Details

See Senate Version of this Bill:
S5242
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216 & 3221, Ins L

2023-A6126A (ACTIVE) - Summary

Prohibits insurers from reducing disability benefits due to the actual or anticipated receipt of social security disability benefits unless certain conditions are met.

2023-A6126A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6126--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. HUNTER, BERGER -- read once and referred to the
   Committee on Insurance -- recommitted to the Committee on Insurance in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the insurance law, in relation to  prohibiting  insurers
   from reducing disability benefits unless certain conditions are met
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3216 of the insurance law is amended by adding  two
 new subsection (n) to read as follows:
   (N) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF
 ACCIDENT  AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO THE
 ACTUAL OR ESTIMATED RECEIPT  OF  SOCIAL  SECURITY  DISABILITY  INSURANCE
 BENEFITS UNLESS:
   (1)  THE  INSURER HAS A REASONABLE, GOOD FAITH BELIEF THAT THE INSURED
 IS ENTITLED TO SUCH BENEFITS AND A MEANS OF  REASONABLY  ESTIMATING  THE
 AMOUNT PAYABLE;
   (2)  THE INSURER NOTIFIES THE INSURED THAT THE INSURED MAY QUALIFY FOR
 SUCH BENEFITS AND TO PURSUE SUCH BENEFITS THROUGH ANY REQUIRED  ADMINIS-
 TRATIVE APPEALS;
   (3)  THE  INSURER  MAKES  A GOOD FAITH EFFORT TO ASSIST THE INSURED IN
 APPLYING FOR SUCH BENEFITS; AND
   (4) THE INSURED FAILS TO APPLY FOR,  OR  PURSUE,  SUCH  BENEFITS  WITH
 REASONABLE  DILIGENCE  DURING  THE  APPLICATION  PROCESS OR ANY REQUIRED
 APPEALS.
   § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
 subsection (u) to read as follows:
   (U) NO INSURER MAY OFFSET OR REDUCE BENEFITS PAYABLE UNDER A POLICY OF
 ACCIDENT  AND HEALTH INSURANCE PROVIDING DISABILITY INSURANCE DUE TO THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09886-03-4
 A. 6126--A                          2

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