Senate Bill S6069

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6069
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by  Sens. PARKER, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  establishing  the
   office  of insurance consumer advocate within the department of finan-
   cial services and describing its powers and duties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The insurance law is amended by adding a new section 210-a
 to read as follows:
   § 210-A. OFFICE OF INSURANCE CONSUMER ADVOCATE. (A)  THERE  IS  HEREBY
 CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
 HEREAFTER  REFERRED  TO IN THIS SECTION AS THE OFFICE. SUCH OFFICE SHALL
 CONSIST OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE  SECRE-
 TARY  OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE SUPERINTENDENT.
 MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
 MEMBERS, BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
   (1)  ASSESS  THE  IMPACT  OF  INSURANCE REGULATORY ACTIONS ON NEW YORK
 CONSUMERS. SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS  FOR
 SUBSCRIBER  RATE  CHANGES  FILED  BY HEALTH INSURANCE PROVIDERS LICENSED
 PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER AND  ARTICLE  FORTY-FOUR
 OF THE PUBLIC HEALTH LAW.
   (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
 ED  AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE THE
 SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
   (3) POSSESS ALL RIGHTS AND POWERS OF ANY PARTY AT  INTEREST  APPEARING
 BEFORE  THE  DEPARTMENT WITH REGARD TO EXAMINATION AND CROSS-EXAMINATION
 OF WITNESSES AND PRESENTATION OF EVIDENCE.
   (4) HAVE ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL  RECORDS  GATH-
 ERED  BY  THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH IS RELE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10611-01-5
              

 S. 6069                             2
 
 VANT TO THE SUBJECT MATTER  INVOLVED  IN  SUCH  PROCEEDINGS  BEFORE  THE
 DEPARTMENT.
   (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
 CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
 POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
   THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
 CATES AT ANY OFFICIAL PROCEEDINGS.
   (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
 INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
 CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
 PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
 ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
 ADMINISTERING AND OPERATING THE OFFICE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.