Provides for equitable disability policies; prohibits any difference, on the basis of race, color, religion, sex, marital status, or national origin in the amount or payment of premiums or rate charges, or in the benefits payable, or in any of the other terms or conditions of any policy of disability insurance under the workers' compensation law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2596
SPONSOR: Woerner
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to providing
equitable disability policies
 
PURPOSE:
To address inequity in disability insurance policies.
 
SUMMARY OF PROVISIONS:
Section 1: prohibits insurance carriers or the state insurance fund from
making or permitting any distinction, classification, discrimination, or
otherwise recognizing any difference, on the basis of race, color, reli-
gion, sex, marital status, or national origin, in the amount of payment
of premiums or rate charges or in benefits payable or any other terms or
conditions of any policy.
§ 2: establishes the effective date.
 
JUSTIFICATION:
Statistics show that women have historically paid more for the same
disability insurance benefits as men within the same occupation class.
This legislation will ensure that all New Yorker's will have fair and
equal access to disability insurance by prohibiting insurance providers
from charging a different rate for disability insurance on the basis of
race, color, religion, sex, marital status, or national origin. Similar
legislation has been enacted in Massachusetts and Montana.
 
LEGISLATIVE HISTORY:
A. 2611 of 2022: Referred to Labor.
A. 8328 of 2020: Referred to Labor.
S. 7575 of 2020: Referred to Labor.
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2596
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. WOERNER, JACKSON, LEMONDES, SIMON, GONZALEZ-ROJAS
-- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing
equitable disability policies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 226 of the workers' compensation law is amended by
2 adding a new subdivision 8-a to read as follows:
3 8-a. No insurance carrier or the state insurance fund who issues,
4 reinstates, amends or endorses any contract of insurance or rider there-
5 to providing the benefits required to be paid under this article shall
6 make or permit any distinction, classification, discrimination, or
7 otherwise recognize any difference, on the basis of race, color, reli-
8 gion, sex, marital status, or national origin, in the amount or payment
9 of premiums or rate charges, or in the benefits payable, or in any of
10 the other terms or conditions of any policy of insurance providing the
11 benefits required to be paid under this article. As used in this
12 section, sex includes, but is not limited to, conditions unique to one's
13 sex, such as pregnancy.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06283-01-3