S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5746
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Insurance
 
 AN  ACT  to amend the insurance law, in relation to requiring the super-
   intendent of financial services to audit certain reports submitted  by
   insurers   to ensure such insurers are in full compliance with federal
   and state mental health and substance use disorder parity requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (a)  of  section 343 of the insurance law, as
 added by chapter 207 of the laws of 2019, is amended to read as follows:
   (a) (I) Beginning July first, two  thousand  nineteen  and  every  two
 years thereafter, each insurer providing managed care products, individ-
 ual  comprehensive  accident  and  health  insurance or group or blanket
 comprehensive accident and health insurance, each corporation  organized
 pursuant  to article forty-three of this chapter providing comprehensive
 health insurance and each entity licensed pursuant to article forty-four
 of the public health law providing comprehensive  health  service  plans
 shall  submit  to the superintendent, in a form and manner prescribed by
 the superintendent, a report  detailing  the  entity's  compliance  with
 federal  and  state mental health and substance use disorder parity laws
 based on the entity's record during the preceding  two  calendar  years.
 The  superintendent  shall  publish  on  the  department's website on or
 before October first, two thousand nineteen, and every two years  there-
 after, the reports submitted pursuant to this section.
   (II)  THE SUPERINTENDENT SHALL AUDIT EACH REPORT SUBMITTED PURSUANT TO
 THIS SECTION.  SUCH AUDIT SHALL INCLUDE, BUT NOT BE LIMITED TO, AN EXAM-
 INATION OF EACH SUCH REPORT SUBMITTED BY THE INSURER FOR THE PURPOSE  OF
 DETERMINING IF SUCH INSURER IS IN FULL COMPLIANCE WITH FEDERAL AND STATE
 MENTAL  HEALTH  AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS. IN ADDI-
 TION, THE SUPERINTENDENT SHALL INVESTIGATE ALL CREDIBLE  ALLEGATIONS  OF
 INSURER  IMPROPRIETIES AND NONCOMPLIANCE. WHERE THE SUPERINTENDENT MAKES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09643-01-5
              

 A. 5746                             2
 
 A DETERMINATION THAT AN INSURER HAS WILLFULLY VIOLATED FEDERAL OR  STATE
 MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS, THE SUPER-
 INTENDENT  SHALL  PROVIDE SUCH FINDINGS, INCLUDING THE REASON OR REASONS
 FOR  MAKING  SUCH  DETERMINATION, TO THE OFFICE OF THE ATTORNEY GENERAL.
 THE ATTORNEY GENERAL SHALL CONSIDER THE SUPERINTENDENT'S  FINDINGS  AND,
 UPON  AGREEMENT  WITH THE SUPERINTENDENT'S DETERMINATION, SHALL COMMENCE
 AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE TO ENFORCE AN INSURER'S
 REQUIRED COMPLIANCE WITH FEDERAL AND STATE MENTAL HEALTH  AND  SUBSTANCE
 USE DISORDER PARITY REQUIREMENTS.
   § 2. This act shall take effect immediately.