S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5753
 
                        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 Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation to directing the state
   comptroller to  conduct  an  audit  of  the  department  of  financial
   services  to ensure the agency is meeting its responsibility to evalu-
   ate and assess insurer 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.  The executive law is amended by adding a new section 41-b
 to read as follows:
   § 41-B. AUDITS OF AGENCIES BY THE COMPTROLLER. 1. AT LEAST BIENNIALLY,
 THE STATE COMPTROLLER SHALL CONDUCT AN AUDIT OF THE DEPARTMENT OF FINAN-
 CIAL SERVICES FOR THE PURPOSE OF ENSURING THE AGENCY MEETS ITS RESPONSI-
 BILITY TO EVALUATE AND ASSESS INSURER COMPLIANCE WITH FEDERAL AND  STATE
 MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS PURSUANT TO
 ARTICLE THREE OF THE INSURANCE LAW.
   2.  (A)  UPON  COMPLETION OF SUCH AUDIT PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, THE STATE COMPTROLLER SHALL PUBLISH A REPORT THAT  DETAILS
 THE RESULTS OF SUCH AUDIT INCLUDING, BUT NOT LIMITED TO, A DETERMINATION
 OF  THE  DEPARTMENT OF FINANCIAL SERVICES' ACCURACY AND EFFECTIVENESS IN
 MEASURING AND EVALUATING INSURER COMPLIANCE WITH FEDERAL AND STATE PARI-
 TY REQUIREMENTS, DETERMINATIONS OF COMPLIANCE  WITH  FEDERAL  AND  STATE
 PARITY REQUIREMENTS FOR EACH INSURER, AND THOROUGH EXPLANATIONS DESCRIB-
 ING THE REASON, OR REASONS FOR MAKING SUCH COMPLIANCE DETERMINATIONS.
   (B)  THE  STATE COMPTROLLER SHALL PROVIDE SUCH REPORT TO THE GOVERNOR,
 THE ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
 OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY  LEADER
 OF  THE ASSEMBLY, THE CHAIR AND THE RANKING MEMBER OF THE SENATE COMMIT-
 TEE ON ALCOHOLISM AND SUBSTANCE USE DISORDERS, THE CHAIR AND THE RANKING
 MEMBER OF THE ASSEMBLY COMMITTEE  ON  ALCOHOLISM  AND  DRUG  ABUSE,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09646-01-5
              

 A. 5753                             2
 
 CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND THE ASSEMBLY COMMITTEES
 ON  MENTAL  HEALTH, AND THE CHAIRS AND THE RANKING MEMBERS OF THE SENATE
 AND THE ASSEMBLY COMMITTEES ON INSURANCE NO LATER THAN THE FIRST DAY  OF
 JULY  OF  THE  YEAR  IMMEDIATELY  SUCCEEDING  THE EFFECTIVE DATE OF THIS
 SECTION. SUBSEQUENT REPORTS DETAILING RESULTS AND DETERMINATIONS OF  THE
 STATE  COMPTROLLER  SHALL BE COMPLETED AND PUBLISHED AT LEAST BIENNIALLY
 FOLLOWING PUBLICATION OF THE FIRST SUCH REPORT ON OR  BEFORE  THE  FIRST
 DAY OF JULY.
   § 2. This act shall take effect immediately.