Provides for the role of agents and brokers in an American health benefit exchange created in compliance with the federal Patient Protection and Affordable Care Act; requires the commissioner of insurance to establish procedures by which agents or brokers may enroll individuals in qualified health plans, assist individuals in applying for tax credits and cost-sharing reductions for such plans, and receive compensation through the insurance carriers; requires navigators to satisfy the same licensure requirements of brokers and agents.
STATE OF NEW YORK
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8116
2011-2012 Regular Sessions
IN ASSEMBLY
June 2, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Insurance
AN ACT providing for the role of agents and brokers in an American
health benefit exchange created in compliance with the federal Patient
Protection and Affordable Care Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. For purposes of this act, the following terms shall have
2 the following meanings:
3 1. The "Patient Protection and Affordable Care Act" means Public Law
4 111-148, 124 Stat. 119, codified as amended at scattered sections of the
5 Internal Revenue Code and in title 42 of the United States Code.
6 2. "The exchange" means the American health benefit exchange to be
7 established in this state in compliance with section 1311 of the Patient
8 Protection and Affordable Care Act.
9 3. "Agents" or "brokers" mean, respectively, insurance agents or
10 insurance brokers duly licensed as such under the insurance law.
11 4. "Navigator" means an entity described by 42 U.S.C. § 18031(i).
12 § 2. Upon the passage of any act, law, rule or regulation of this
13 state, the multiple states or the United States creating an American
14 health benefit exchange in this state in compliance with section 1311 of
15 the Patient Protection and Affordable Care Act, and to the extent
16 consistent with the Patient Protection and Affordable Care Act and the
17 regulations promulgated by the United States Secretary of Health & Human
18 Services thereunder, the following provisions shall apply to such an
19 exchange:
20 1. The commissioner of insurance shall establish procedures by which
21 agents or brokers may:
22 (a) enroll individuals and employers in any qualified health plan in
23 the individual or small group market as soon as such plan is offered
24 through the exchange;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11529-01-1
A. 8116 2
1 (b) assist individuals in applying for premium tax credits and cost-
2 sharing reductions for plans sold through the exchange; and
3 (c) receive compensation for their services through the insurance
4 carriers with which they contract to do business using fair market
5 rates.
6 2. Any navigator through the exchange shall be subject to the existing
7 licensure and continuing education requirements to which agents or
8 brokers are subject.
9 § 3. Severability. If any clause, sentence, paragraph, section or part
10 of this act shall be adjudged by any court of competent jurisdiction to
11 be invalid and after exhaustion of all further judicial review, the
12 judgment shall not affect, impair or invalidate the remainder thereof,
13 but shall be confined in its operation to the clause, sentence, para-
14 graph, section or part of this act directly involved in the controversy
15 in which the judgment shall have been rendered.
16 § 4. This act shall take effect upon the passage of any act, law, rule
17 or regulation by this state or by multiple states or by the United
18 States, which creates an American health benefit exchange in this state,
19 but if such act, law, rule or regulation shall have already been
20 enacted, this act shall take effect immediately; provided that the
21 commissioner of insurance shall notify the legislative bill drafting
22 commission upon the occurrence of the enactment of such act, law, rule
23 or regulation in order that the commission may maintain an accurate and
24 timely effective data base of the official text of the laws of the state
25 of New York in furtherance of effectuating the provisions of section 44
26 of the legislative law and section 70-b of the public officers law.
