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.