A02596 Summary:

BILL NOA02596
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRCahill
 
MLTSPNSRColton, Cymbrowitz, Ortiz
 
Add Art 6 601 - 606, 2353 & 343, amd 2321, 2305, 3231 & 4308, Ins L; add Art 44-A 945 - 947, amd 149, Exec L; amd 202, St Ad Proc Act
 
Enacts the "automobile insurance consumer information act"; provides for automobile insurance consumer information and complaint ranking; creates office of public insurance consumer advocate and powers and duties therefor; makes related provisions.
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A02596 Actions:

BILL NOA02596
 
01/20/2017referred to insurance
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A02596 Memo:

Memo not available
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A02596 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2596
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, CAHILL -- Multi-Sponsored by -- M.
          of A. COLTON, CYMBROWITZ, ORTIZ --  read  once  and  referred  to  the
          Committee on Insurance
 
        AN  ACT  to amend the insurance law, in relation to improving disclosure
          to automobile insurance consumers; and to amend the executive law, the
          insurance law and the state administrative procedure act, in  relation
          to  establishing  an  independent  office of public insurance consumer
          advocate and establishing its powers and duties
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The insurance law is amended by adding a new article 6 to
     2  read as follows:
     3                                  ARTICLE 6
     4                  AUTOMOBILE INSURANCE CONSUMER INFORMATION
     5  Section 601. Title; legislative declaration and purpose.
     6          602. Automobile insurance  consumer  information  and  complaint
     7                 rankings.
     8          603. Consumer rating factors.
     9          604. Disclosure procedures.
    10          605. Noninterference with obtaining coverage.
    11          606. Public outreach.
    12    §  601. Title; legislative declaration and purpose. This article shall
    13  be known and may be cited as the "automobile insurance consumer informa-
    14  tion act".
    15    The legislature  finds  and  declares  that  automobile  insurance  is
    16  required by law for all residents who drive and that the cost of automo-
    17  bile  insurance represents a substantial expense for many consumers. The
    18  legislature further finds that the premium costs for any given  individ-
    19  ual  for  identical  insurance coverage from different licensed insurers
    20  can vary widely and that wide variations also exist in  the  quality  of
    21  service  provided  by  insurers  as  measured by the department's annual
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03626-01-7

        A. 2596                             2
 
     1  complaint handling rankings. In addition, the legislature finds that few
     2  consumers are aware of these wide cost  and  quality  of  service  vari-
     3  ations,  that  as  a  result  consumers  as  a group may pay hundreds of
     4  millions of dollars annually for overpriced policies and that individual
     5  consumers  may  encounter unnecessary difficulty in having their automo-
     6  bile insurance claims and complaints handled expeditiously.  The  legis-
     7  lature further finds and declares that it intends for the superintendent
     8  and the department to  have broad authority under this article to estab-
     9  lish  mechanisms  to  fully  inform  consumers  as to which policies are
    10  available to them at the lowest possible cost and which insurers provide
    11  the highest quality of service. The legislature intends with this  arti-
    12  cle to create certain disclosure requirements that will make such infor-
    13  mation  more  readily available to all consumers. Increased availability
    14  of information is intended to make the automobile insurance system  more
    15  competitive  with  respect  to  both cost of coverage and the quality of
    16  service.
    17    § 602. Automobile insurance consumer information and  complaint  rank-
    18  ings.  (a)  The  superintendent  shall  maintain  a  database containing
    19  nonbusiness automobile insurance rate information and complaint rankings
    20  for all companies licensed to do business in the state.
    21    (b) Every person, upon making an inquiry to the department and provid-
    22  ing the information specified in section six hundred three of this arti-
    23  cle, shall be mailed within five business days, or, at the option of the
    24  person, receive at the time of such inquiry:
    25    (1) The names, addresses, telephone numbers and, if  appropriate,  web
    26  site  addresses of the five companies having the lowest premiums for the
    27  requested package of  coverage  that  would  write  insurance  for  such
    28  person; the total cost for the package of coverage from each such insur-
    29  er; and the most recent complaint ranking of each such insurer;
    30    (2)  The  names, addresses, telephone numbers and, if appropriate, web
    31  site addresses of the five companies having the best complaint  rankings
    32  that  would  write insurance for such person, and the total cost for the
    33  package of coverage from each insurer listed;
    34    (3) An explanation of how to obtain from  such  companies  the  names,
    35  addresses, telephone numbers, and, if appropriate, web site addresses of
    36  those  agents,  brokers  or sales representatives of such companies that
    37  are situated in a location reasonably convenient to the person; and
    38    (4) Until such database is established, the department  shall  provide
    39  persons  making an inquiry the department's Annual Ranking of Automobile
    40  Insurance Complaints and Consumers Guide to Auto Insurance.   After  the
    41  database  is  established,  if the person making an inquiry prefers, the
    42  department may provide, in lieu of the information  specified  in  para-
    43  graphs  one,  two  and three of this subsection, the department's Annual
    44  Ranking of Automobile Insurance Complaints, and Consumer Guide  to  Auto
    45  Insurance.
    46    § 603. Consumer rating factors. In order to receive the list of lowest
    47  cost  insurers described in section six hundred two of this article, the
    48  person shall provide the following information:
    49    (a) The place in which the vehicle is  garaged  or  stored,  or  other
    50  information needed to determine geographical territory;
    51    (b)  The  age,  sex,  marital  status  and other information needed to
    52  determine the driver class of the principal and occasional operators;
    53    (c) The make, model and year of the automobile;
    54    (d) Information relating to qualification for discounts;
    55    (e) Information relating to surcharges or  credits  based  on  driving
    56  record or driving courses taken;

        A. 2596                             3
 
     1    (f) Desired effective date of the policy;
     2    (g) Desired coverages; and
     3    (h)  Such  other  information  as the superintendent may by regulation
     4  require.
     5    § 604. Disclosure procedures. Every policy of  nonbusiness  automobile
     6  insurance  delivered, issued for delivery, renewed or issued for renewal
     7  in this state shall include a notice prescribed by the superintendent in
     8  regulation of the availability of  the  information  and  procedure  for
     9  obtaining such information described in sections six hundred two and six
    10  hundred  three  of  this  article. Such notice shall include the depart-
    11  ment's address, telephone number and web site address.
    12    § 605. Noninterference with obtaining coverage. No applicant for auto-
    13  mobile insurance shall be prevented or delayed in effecting or  applying
    14  for  coverage  by  the  requirements of section six hundred four of this
    15  article. In those cases where, prior to or at the time an application is
    16  taken, it is impractical to provide any disclosure documents  prescribed
    17  by  section  six  hundred  four of this article, such documents shall be
    18  furnished as soon thereafter as practical and, in any  event,  no  later
    19  than  at  the  time the policy is delivered.  Where any such document is
    20  not provided as required by section six hundred four  of  this  article,
    21  the  applicant  may,  no later than thirty days following receipt of the
    22  policy, and notwithstanding the provisions  of  section  three  thousand
    23  four  hundred  twenty-eight of this chapter, return the policy for a pro
    24  rata refund of premiums paid. A clear  and  conspicuous  written  notice
    25  explaining  this refund provision, in language promulgated by the super-
    26  intendent, shall be delivered with the policy.
    27    § 606. Public outreach. The department shall conduct public  education
    28  and  outreach  to  inform consumers as to the availability of and how to
    29  access the consumer information prescribed by this  article.    Notwith-
    30  standing  any inconsistent law to the contrary, no advertisement utiliz-
    31  ing electronic means, (including but not limited  to  radio,  television
    32  and  the  internet)  public  service  announcement  or  other  broadcast
    33  produced or distributed pursuant to this section shall feature the like-
    34  ness, picture or voice of a  statewide  elected  official  or  a  family
    35  member of such official.
    36    §  2.  If  any provision of section one of this act or the application
    37  thereof to any person or circumstances be adjudged invalid by any  court
    38  of competent jurisdiction, such judgment shall be confined in its opera-
    39  tion to the provision or application or persons or circumstances direct-
    40  ly  involved  in  the controversy in which such judgment shall have been
    41  rendered and shall not affect or impair the validity of the remainder of
    42  this act or the application thereof to other persons or circumstances.
    43    § 3. The executive law is amended by adding a new article 44-A to read
    44  as follows:
    45                                 ARTICLE 44-A
    46                OFFICE OF PUBLIC INSURANCE CONSUMER ADVOCATE
    47  Section 945. Office of public insurance consumer advocate.
    48          946. Public insurance consumer advocate.
    49          947. Powers and duties.
    50    § 945. Office of public insurance consumer advocate.  There is  hereby
    51  created  in  the  executive  department  an independent office of public
    52  insurance consumer advocate (hereinafter referred to in this article  as
    53  "office")  to  represent  the  interests  of  nonbusiness automobile and
    54  health insurance consumers in the state.
    55    § 946. Public insurance consumer advocate. 1. The governor,  with  the
    56  advice  and  consent  of  the  senate,  shall appoint a public insurance

        A. 2596                             4

     1  consumer advocate (hereinafter referred to in  this  article  as  "advo-
     2  cate") who shall serve as the executive director of the office of public
     3  insurance  consumer  advocate  and  shall receive an annual salary to be
     4  fixed  by the governor within the amount available therefor by appropri-
     5  ation.
     6    2. (a) To be eligible to serve as advocate, a person must be  a  resi-
     7  dent of the state. The advocate shall be a person who has demonstrated a
     8  strong  commitment to and involvement in efforts to safeguard the rights
     9  of the public, and who possesses the knowledge and experience  necessary
    10  to practice effectively in insurance proceedings.
    11    (b) A person shall not be eligible for appointment as advocate if such
    12  person or the person's spouse:
    13    (i)  is  employed  by  or participates in the management of a business
    14  entity or other organization regulated by the  department  of  financial
    15  services or receiving funds from such department;
    16    (ii)  owns  or controls, directly or indirectly, more than ten percent
    17  interest in a business entity or other  organization  regulated  by  the
    18  department  of financial services or receiving funds from the department
    19  of financial services or the office;
    20    (iii) uses  or  receives  a  substantial  amount  of  tangible  goods,
    21  services  or  funds  from  the  department  of financial services or the
    22  office, other than compensation or reimbursement authorized by  law  for
    23  the department of financial services or office membership, attendance or
    24  expenses.
    25    3. The advocate shall serve for a term of two years.
    26    4. It shall be a ground for removal from office if the advocate:
    27    (a)  does  not  have  at  the  time  of appointment the qualifications
    28  required by this section;
    29    (b) does not maintain during service as  advocate  the  qualifications
    30  required by this section;
    31    (c) violates a prohibition established by this section; or
    32    (d)  cannot  discharge the advocate's duties for a substantial part of
    33  the term for which the advocate is appointed because of illness or disa-
    34  bility.
    35    5. The validity of an action of the office shall not  be  affected  by
    36  the  fact  that  it  is  taken when a ground for removal of the advocate
    37  exists.
    38    6. (a) A person shall not serve as the advocate or act as the  general
    39  counsel for the office of advocate if the person is required to register
    40  as a lobbyist pursuant to article one-A of the legislative law.
    41    (b)  A  person  serving as the advocate shall not, for a period of two
    42  years after the date the person ceases to be an advocate, represent  any
    43  person  in  a proceeding before the superintendent of financial services
    44  or the department of financial  services  or  receive  compensation  for
    45  services  rendered  on  behalf of any person regarding a case before the
    46  superintendent of financial services  or  the  department  of  financial
    47  services.
    48    (c)  A person shall not serve as the advocate or be an employee of the
    49  office if the person is an officer, employee or  paid  consultant  of  a
    50  trade association in the field of insurance.
    51    (d) A person who is the spouse of an officer, manager or paid consult-
    52  ant  of a trade association in the field of insurance shall not serve as
    53  the advocate and may not be an office employee.
    54    (e) For the purposes of this section, a trade association is a nonpro-
    55  fit, cooperative and  voluntarily  joined  association  of  business  or
    56  professional competitors designed to assist its members and its industry

        A. 2596                             5

     1  or  profession  in dealing with mutual business or professional problems
     2  and in promoting their common interest.
     3    §  947.  Powers  and duties. 1. The advocate, as executive director of
     4  the office, shall be charged with the responsibility  of  administering,
     5  enforcing  and  carrying  out  the provisions of this article, including
     6  preparation of a budget for the office, employing all necessary  profes-
     7  sional,  technical  and  other employees to carry out provisions of this
     8  article, approval of expenditures for professional services, travel, per
     9  diem and other actual and necessary expenses incurred  in  administering
    10  the  office.  The compensation of employees of the office shall be fixed
    11  by the advocate within the appropriation provided therefor.
    12    2. The office shall file annually with the governor, temporary  presi-
    13  dent  of  the senate and speaker of the assembly a complete and detailed
    14  written report accounting for all funds received and  disbursed  by  the
    15  office  during  the preceding fiscal year. The annual report shall be in
    16  the form and reported as part of the executive budget.
    17    3. All money paid to the office under this article shall be  deposited
    18  in the state treasury.
    19    4.  The office may assess the impact of insurer practices and proposed
    20  and in-force insurance rates, rules and regulations on nonbusiness auto-
    21  mobile and health insurance consumers in the state;  in  its  own  name,
    22  advocate on behalf of positions that are most advantageous to a substan-
    23  tial number of insurance consumers as determined by the advocate; and do
    24  all  things  necessary and proper for these purposes, including engaging
    25  attorneys, and experts  in  actuarial  science,  economics,  accounting,
    26  finance or any other discipline which may be appropriate.
    27    5. The advocate:
    28    (a)  may  appear  or  intervene as a matter of right before the super-
    29  intendent of insurance or insurance department as a party  or  otherwise
    30  on behalf of insurance consumers as a class in matters involving insurer
    31  practices and proposed and in-force rates, rules and regulations affect-
    32  ing nonbusiness automobile and health insurance;
    33    (b) may initiate or intervene as a matter of right or otherwise appear
    34  in  any judicial proceeding involving or arising out of any action taken
    35  by an administrative agency in a proceeding in which the advocate previ-
    36  ously appeared under the authority granted by this article;
    37    (c) is entitled to access any records of the department  of  financial
    38  services  that  are  available  to  any party in a proceeding before the
    39  superintendent of financial services or department of financial services
    40  under the authority granted by this article;
    41    (d) is entitled to obtain discovery of any non-privileged matter  that
    42  is relevant to the subject matter involved in a proceeding or submission
    43  before  the superintendent of financial services or department of finan-
    44  cial services as authorized by this article;
    45    (e) may recommend legislation to the legislature that, in the judgment
    46  of the advocate, would affect positively the  interests  of  nonbusiness
    47  automobile and health insurance consumers;
    48    (f)  may appear or intervene as a matter of right as a party or other-
    49  wise on behalf of nonbusiness automobile and health insurance  consumers
    50  as  a  class in all proceedings and actions in which the advocate deter-
    51  mines that such consumers need representation, except that the  advocate
    52  shall  not  intervene  in  any  enforcement or parens patriae proceeding
    53  brought by the attorney general;
    54    (g) may conduct any inquiry, hearing, investigation, survey  or  study
    55  which  the  advocate  deems  necessary  to  effectively  carry  out  the
    56  provisions of this article and, for  that  purpose,  to  take  and  hear

        A. 2596                             6
 
     1  proofs  and  testimony,  subpoena  witnesses,  compel  their attendance,
     2  administer oaths, examine any person under oath and to compel any person
     3  to subscribe to his or her testimony after it has been correctly reduced
     4  to writing, and in connection therewith to require the production of any
     5  books,  papers,  records,  accounts,  correspondence  or other documents
     6  which the advocate deems relevant to  the  inquiry.  A  subpoena  issued
     7  under  this  section  shall  be  regulated by the civil practice law and
     8  rules.
     9    6. (a)  The  office  shall  prepare  information  of  public  interest
    10  describing the functions of the office. The office shall make the infor-
    11  mation  available  to  the public, lawmakers and appropriate state agen-
    12  cies.
    13    (b) The  office  shall  prepare  and  maintain  a  written  plan  that
    14  describes  how  each  person  who does not speak English can be provided
    15  reasonable access to the office's programs.
    16    (c) The office shall prepare and distribute public education materials
    17  for consumers, legislators and regulators.
    18    (d) The office may participate in trade associations.
    19    7. The office shall be subject to articles six and six-A of the public
    20  officers law; provided, however, that documents, records, files, reports
    21  or other information concerning confidential matters of  the  board,  as
    22  defined  and  described  in  regulations  promulgated  by the board, are
    23  specifically exempted from disclosure pursuant to  section  eighty-seven
    24  of the public officers law.
    25    § 4. Subsection (d) of section 2321 of the insurance law is amended to
    26  read as follows:
    27    (d)  Proceedings  pursuant to subsections (b) and (c) [hereof] of this
    28  section may be instituted upon the initiative of the  superintendent  or
    29  upon  written  application to the superintendent by any aggrieved person
    30  or organization, other than a rate service organization, for a  hearing,
    31  if  the  superintendent finds that the application is made in good faith
    32  and that the grounds otherwise justify  holding  such  a  hearing  which
    33  shall  be  held  within  fifteen days of the request; provided, however,
    34  that the superintendent shall hold such a hearing within fifteen days of
    35  an application therefor from  the  public  insurance  consumer  advocate
    36  established under article forty-four-A of the executive law. In the case
    37  of  a  denial  of  an  application  for a hearing filed by any aggrieved
    38  person or any other organization, the superintendent shall  provide  the
    39  reasons therefor in writing to the applicant within fifteen days of such
    40  denial.
    41    § 5. Subsection (c) of section 2305 of the insurance law is amended to
    42  read as follows:
    43    (c)  (1)  Rates  filed with the superintendent shall be accompanied by
    44  the information upon which the insurer supports the rate as set forth in
    45  subsection (b) of section two thousand three hundred four of this  arti-
    46  cle.
    47    (2)  With  respect to rates filed for nonbusiness automobile policies,
    48  such filings shall include all statistical data relied upon  to  support
    49  the  filing  and  such  other  information  as  the superintendent shall
    50  require. Such filings and  supporting  information  shall  conform  with
    51  standards  of  uniformity  which  the  superintendent shall prescribe by
    52  regulation within one hundred eighty days of the effective date of  this
    53  paragraph.
    54    § 6. The insurance law is amended by adding a new section 2353 to read
    55  as follows:

        A. 2596                             7
 
     1    §  2353.  Municipal petitions; motor vehicle insurance for nonbusiness
     2  automobiles. (a) Notwithstanding any inconsistent provision of law,  any
     3  municipality  or  combination  of contiguous municipalities may petition
     4  the department for a reduction in rates of policies covering  losses  or
     5  liabilities arising out of the ownership of a motor vehicle predominant-
     6  ly  used  for  nonbusiness  purposes, when a natural person is the named
     7  insured under a policy of auto insurance, when such rates do not reflect
     8  accurately the current data pertinent to the risk of loss in the munici-
     9  pality or municipalities based on reasonable and sound underwriting  and
    10  actuarial criteria.
    11    (b) Within  fifteen days of receipt of such a petition, the department
    12  shall hold a public hearing thereon, at which municipal representatives,
    13  insurers and the public shall have the right to be heard. The department
    14  shall explain in writing its reasons for granting or denying,  in  whole
    15  or  in part, the relief sought in the petition. If the department grants
    16  such relief, it shall immediately order an appropriate reduction,  which
    17  may include retroactive relief, if justified, notwithstanding any incon-
    18  sistent provision of law.
    19    (c) For  the  purposes  of this section, the term "municipality" shall
    20  mean any county not wholly contained within a city and any city compris-
    21  ing more than one county.
    22    § 7.  The insurance law is amended by adding a new section 343 to read
    23  as follows:
    24    § 343. Cooperation with office of public insurance consumer  advocate.
    25  (a)  The superintendent, and every deputy and employee of the department
    26  shall cooperate fully and completely with the office of public insurance
    27  consumer advocate and provide without charge to such office, access and,
    28  upon request of the public insurance consumer advocate,  copies  of  all
    29  books,  records  and files of the department and of each licensee of the
    30  department to the extent that the department has  access  or  copies  of
    31  such  books,  records and files, which such advocate deems necessary and
    32  appropriate to carry out the purposes of  article  forty-four-A  of  the
    33  executive  law,  including,  but not limited to filings and applications
    34  which may be subject to a hearing pursuant  to  this  section,  and  all
    35  information  furnished the superintendent in support of such filings and
    36  applications.
    37    (b) Notwithstanding any inconsistent law, rule or  regulation  to  the
    38  contrary, the superintendent shall notify the office of public insurance
    39  consumer  advocate  of all rate-related filings made under article twen-
    40  ty-three of this chapter with respect to nonbusiness  automobile  insur-
    41  ance, filings for rate increases pursuant to sections three thousand two
    42  hundred thirty-one and four thousand three hundred eight of this chapter
    43  and applications for material change in benefits or delivery of benefits
    44  under  a  contract,  within  five  business days of having received such
    45  filings and applications.  Such notification shall include a summary  of
    46  each  filing  or  application,  to  include,  but not be limited to: the
    47  number of policyholders, subscribers or enrollees affected;  the  amount
    48  of rate increase; the regions or territories affected; and a description
    49  of  the  change in benefits or delivery of benefits.  The superintendent
    50  shall simultaneously submit for publication in the  state  register  all
    51  such  notifications  to  the public insurance consumer advocate.  Within
    52  five business days of the request of such advocate,  the  superintendent
    53  shall forward any filings and applications so requested and all informa-
    54  tion furnished in support of such filings and applications.
    55    (c) The public insurance consumer advocate may request the superinten-
    56  dent  hold  a  hearing on any matter deemed necessary and appropriate to

        A. 2596                             8
 
     1  carry out the purposes of article forty-four-A  of  the  executive  law,
     2  which  shall  be  held  within  fifteen days of the request. No proposed
     3  change in rule or regulation, filing for a nonbusiness automobile  rate-
     4  related  change or rate increase, filing for a rate increase pursuant to
     5  sections three thousand two hundred thirty-one and four  thousand  three
     6  hundred  eight  of  this  chapter, or application for material change in
     7  benefits or delivery of benefits subject to a hearing under this section
     8  shall become effective pending the close of such hearing, provided  that
     9  such request is made within thirty days of such advocate having received
    10  notice  of  such  proposed change, filing or application. Within fifteen
    11  days after the close of the hearing, or such time as the  superintendent
    12  approves  the  proposed  rule,  regulation,  filing  or application, the
    13  superintendent shall issue a written  opinion  based  upon  the  hearing
    14  record,  explaining the reasons for approving or denying, in whole or in
    15  part, the change sought.
    16    § 8. Subparagraph (A) of paragraph 2 of subsection (e) of section 3231
    17  of the insurance law, as amended by chapter 107 of the laws of 2010,  is
    18  amended to read as follows:
    19    (A)  Until  September  thirtieth,  two  thousand  ten, as an alternate
    20  procedure to the requirements of paragraph one of  this  subsection,  an
    21  insurer  desiring  to  increase or decrease premiums for any policy form
    22  subject to this section may instead submit a rate filing or  application
    23  to  the  superintendent  and  such application or filing shall be deemed
    24  approved, provided that: (i) the anticipated minimum loss  ratio  for  a
    25  policy  form  shall  not be less than eighty-two percent of the premium;
    26  and (ii) the insurer submits, as part of such filing, a certification by
    27  a member of the  American  Academy  of  Actuaries  or  other  individual
    28  acceptable  to the superintendent that the insurer is in compliance with
    29  the provisions of this paragraph, based upon that person's  examination,
    30  including  a  review  of  the  appropriate  records and of the actuarial
    31  assumptions and methods used by  the  insurer  in  establishing  premium
    32  rates for policy forms subject to this section, unless the public insur-
    33  ance  consumer  advocate  has  requested  a  public hearing on such rate
    34  filing or application pursuant to section three hundred  forty-three  of
    35  this  chapter.    An  insurer  shall not utilize the alternate procedure
    36  pursuant to this paragraph to implement a change in rates to  be  effec-
    37  tive on or after October first, two thousand ten.
    38    §  9.  Paragraph  1 of subsection (g) of section 4308 of the insurance
    39  law, as amended by chapter 107 of the laws of 2010, is amended  to  read
    40  as follows:
    41    (1)  Until  September  thirtieth,  two  thousand  ten, as an alternate
    42  procedure to the requirements of  subsection  (c)  of  this  section,  a
    43  corporation  subject  to  the  provisions  of  this  article desiring to
    44  increase or decrease premiums for any contract subject to  this  section
    45  may  instead  submit  a rate filing or application to the superintendent
    46  and such application or filing shall be deemed approved,  provided  that
    47  (A) the anticipated incurred loss ratio for a contract form shall not be
    48  less  than eighty-two percent for individual direct payment contracts or
    49  eighty-two percent for small group and small group remittance contracts,
    50  nor, except in the case of individual direct payment  contracts  with  a
    51  loss  ratio  of  greater  than  one hundred five percent during nineteen
    52  hundred ninety-four, shall the loss ratio for any direct payment,  group
    53  or  group  remittance  contract be more than one hundred five percent of
    54  the anticipated earned premium, and (B) the corporation submits, as part
    55  of such filing, a certification by a member of the American  Academy  of
    56  Actuaries or other individual acceptable to the superintendent that that

        A. 2596                             9
 
     1  corporation  is  in  compliance  with the provisions of this subsection,
     2  based upon that person's examination, including a review of  the  appro-
     3  priate  records and of the actuarial assumptions and methods used by the
     4  corporation  in establishing premium rates for contracts subject to this
     5  section, unless the public insurance consumer advocate has  requested  a
     6  public  hearing  on  such rate filing or application pursuant to section
     7  three hundred forty-three of this chapter.    A  corporation  shall  not
     8  utilize the alternate procedure pursuant to this subsection to implement
     9  a  change  in rates to be effective on or after October first, two thou-
    10  sand ten. For purposes of this section, a small group is any group whose
    11  contract is subject to the requirements of  section  [forty-three]  four
    12  thousand three hundred seventeen of this article.
    13    §  10.  Section  149  of  the executive law is amended by adding a new
    14  subdivision 4 to read as follows:
    15    4. Notices submitted pursuant to section three hundred forty-three  of
    16  the  insurance  law  shall  be  in such format as the secretary of state
    17  shall require, and shall be published  in  a  separate  section  of  the
    18  register  which  shall  include  telephone numbers, addresses and e-mail
    19  addresses which the public may use  to  contact  the  office  of  public
    20  insurance consumer advocate and the department of financial services.
    21    § 11. Section 202 of the state administrative procedure act is amended
    22  by adding a new subdivision 1-a to read as follows:
    23    1-a.  In  addition  to the requirements of this section, any notice of
    24  proposed rulemaking, notice of revised rulemaking or notice of emergency
    25  adoption submitted by the department of financial services that  impacts
    26  nonbusiness  automobile or health insurance consumers shall also include
    27  the telephone number, address and e-mail address which  the  public  may
    28  use to contact the office of public insurance consumer advocate.
    29    §  12. This act shall take effect immediately; provided, however, that
    30  within twelve months of the effective date of  this  act,  the  database
    31  required by section 602 of the insurance law, as added by section one of
    32  this  act, shall be completed; and, provided further, that within ninety
    33  days of the effective date of this act, notice of  the  availability  of
    34  the  department  of  financial  services'  Annual  Ranking of Automobile
    35  Insurance Complaints and Consumers Guide  to  Auto  Insurance,  and  the
    36  department of financial services' address, telephone number and web site
    37  address  shall  be  provided  with  all  nonbusiness automobile policies
    38  delivered, issued for delivery, renewed or issued for  renewal  in  this
    39  state.   The disclosure requirement of section 604 of the insurance law,
    40  as added by section one of this act  shall  take  effect  twelve  months
    41  after  the  effective  date of this act.   The public insurance consumer
    42  advocate shall be appointed, pursuant to article 44-A of  the  executive
    43  law,  as  added  by  section  three of this act for a two year term. Any
    44  regulations necessary for the implementation of the provisions  of  this
    45  act shall be promulgated within one hundred eighty days after the effec-
    46  tive date of this act.
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