Reduces from a 12 month period to a 6 month period, the amount of time that a small business must not have offered health insurance prior to application to a group health insurance program.
STATE OF NEW YORK
________________________________________________________________________
569
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. SAYWARD, REILICH, TEDISCO, BUTLER, BARCLAY,
AMEDORE -- Multi-Sponsored by -- M. of A. BOYLE, BURLING, CALHOUN,
CONTE, CROUCH, DUPREY, FINCH, FITZPATRICK, GIGLIO, HAWLEY, HAYES,
KOLB, P. LOPEZ, McDONOUGH, McKEVITT, J. MILLER, MOLINARO, OAKS,
RABBITT, RAIA, SALADINO, THIELE, TOBACCO -- read once and referred to
the Committee on Insurance
AN ACT to amend the insurance law, in relation to standardized health
insurance contracts for qualifying small employers and individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Items (i) and (iii) of subparagraph (A) of paragraph 1 of
2 subsection (c) of section 4326 of the insurance law, item (i) as amended
3 and item (iii) as added by chapter 419 of the laws of 2000, are amended
4 to read as follows:
5 (i) without health insurance which provides benefits on an expense
6 reimbursed or prepaid basis in effect during the [twelve] six month
7 period prior to application for a qualifying group health insurance
8 contract under the program established by this section; and
9 (iii) except that the requirements set forth in item (i) of this
10 subparagraph shall not be applicable where an individual proprietor had
11 health insurance coverage during the previous [twelve] six months and
12 such coverage terminated due to one of the reasons set forth in items
13 (i) through (viii) of subparagraph (C) of paragraph three of this
14 subsection [(c) of this section]; or
15 § 2. Item (ii) of subparagraph (B) of paragraph 1 of subsection (c) of
16 section 4326 of the insurance law, as added by chapter 1 of the laws of
17 1999, is amended to read as follows:
18 (ii) no group health insurance which provides benefits on an expense
19 reimbursed or prepaid basis covering employees in effect during the
20 [twelve] six month period prior to application for a qualifying group
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01326-01-1
A. 569 2
1 health insurance contract under the program established by this section;
2 and
3 § 3. Subparagraph (D) of paragraph 1 of subsection (c) of section 4326
4 of the insurance law, as added by chapter 1 of the laws of 1999, is
5 amended to read as follows:
6 (D) The [twelve] six month period set forth in item (i) of subpara-
7 graph (A) of this paragraph and in item (ii) of subparagraph (B) of this
8 paragraph may be adjusted by the superintendent from [twelve] six months
9 to [eighteen] twelve months if he determines that the [twelve] six month
10 period is insufficient to prevent inappropriate substitution of other
11 health insurance contracts for qualifying group health insurance
12 contracts.
13 § 4. Items (i) and (ii) of subparagraph (A) of paragraph 3 of
14 subsection (c) of section 4326 of the insurance law, as added by chapter
15 1 of the laws of 1999, are amended to read as follows:
16 (i) who does not have and has not had health insurance with benefits
17 on an expense reimbursed or prepaid basis during the [twelve] six month
18 period prior to the individual's application for health insurance under
19 the program established by this section;
20 (ii) whose employer does not provide group health insurance and has
21 not provided group health insurance with benefits on an expense reim-
22 bursed or prepaid basis covering employees in effect during the [twelve]
23 six month period prior to the individual's application for health insur-
24 ance under the program established by this section;
25 § 5. The opening paragraph of subparagraph (C) of paragraph 3 of
26 subsection (c) of section 4326 of the insurance law, as amended by chap-
27 ter 419 of the laws of 2000, is amended to read as follows:
28 The requirements set forth in items (i) and (ii) of subparagraph (A)
29 of this paragraph shall not be applicable where an individual had health
30 insurance coverage during the previous [twelve] six months and such
31 coverage terminated due to:
32 § 6. Subparagraph (D) of paragraph 3 of subsection (c) of section 4326
33 of the insurance law, as added by chapter 1 of the laws of 1999, is
34 amended to read as follows:
35 (D) The [twelve] six month period set forth in items (i) and (ii) of
36 subparagraph (A) of this paragraph may be adjusted by the superintendent
37 from [twelve] six months to [eighteen] twelve months if he determines
38 that the [twelve] six month period is insufficient to prevent inappro-
39 priate substitution of other health insurance contracts for qualifying
40 individual health insurance contracts.
41 § 7. This act shall take effect on the first of January next succeed-
42 ing the date on which it shall have become a law.
