A01937 Summary:

BILL NOA01937
 
SAME ASNo same as
 
SPONSOREnglebright (MS)
 
COSPNSRSweeney, Cahill, Wright
 
MLTSPNSRBrennan, Colton, Cymbrowitz, Jacobs, Ortiz
 
Add Art 5 SS501 - 506, SS2353 & 342, amd SS2321, 2305, 3231 & 4308, Ins L; add Art 44-A SS945 - 947, amd S149, Exec L; amd S202, 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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A01937 Actions:

BILL NOA01937
 
01/09/2013referred to insurance
01/08/2014referred to insurance
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A01937 Floor Votes:

There are no votes for this bill in this legislative session.
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A01937 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1937
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, SWEENEY, CAHILL, WRIGHT, GABRYSZAK
          -- Multi-Sponsored by -- M. of A. BRENNAN, COLTON, CYMBROWITZ, JACOBS,
          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 5  to
     2  read as follows:
     3                                  ARTICLE 5
     4                  AUTOMOBILE INSURANCE CONSUMER INFORMATION
     5  Section 501. Title; legislative declaration and purpose.
     6          502.  Automobile  insurance  consumer  information and complaint
     7                 rankings.
     8          503. Consumer rating factors.

     9          504. Disclosure procedures.
    10          505. Noninterference with obtaining coverage.
    11          506. Public outreach.
    12    § 501. 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
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05410-01-3

        A. 1937                             2
 
     1  service provided by insurers as  measured  by  the  department's  annual
     2  complaint handling rankings. In addition, the legislature finds that few
     3  consumers  are  aware  of  these  wide cost and quality of service vari-
     4  ations,  that  as  a  result  consumers  as  a group may pay hundreds of
     5  millions of dollars annually for overpriced policies and that individual
     6  consumers may encounter unnecessary difficulty in having  their  automo-

     7  bile  insurance claims and complaints handled expeditiously.  The legis-
     8  lature further finds and declares that it intends for the superintendent
     9  and the department to  have broad authority under this article to estab-
    10  lish mechanisms to fully inform  consumers  as  to  which  policies  are
    11  available to them at the lowest possible cost and which insurers provide
    12  the  highest quality of service. The legislature intends with this arti-
    13  cle to create certain disclosure requirements that will make such infor-
    14  mation more readily available to all consumers.  Increased  availability
    15  of  information is intended to make the automobile insurance system more
    16  competitive with respect to both cost of coverage  and  the  quality  of
    17  service.

    18    §  502.  Automobile insurance consumer information and complaint rank-
    19  ings. (a)  The  superintendent  shall  maintain  a  database  containing
    20  nonbusiness automobile insurance rate information and complaint rankings
    21  for all companies licensed to do business in the state.
    22    (b) Every person, upon making an inquiry to the department and provid-
    23  ing  the  information  specified  in  section five hundred three of this
    24  article, shall be mailed within five business days, or, at the option of
    25  the person, receive at the time of such inquiry:
    26    (1) The names, addresses, telephone numbers and, if  appropriate,  web
    27  site  addresses of the five companies having the lowest premiums for the

    28  requested package of  coverage  that  would  write  insurance  for  such
    29  person; the total cost for the package of coverage from each such insur-
    30  er; and the most recent complaint ranking of each such insurer;
    31    (2)  The  names, addresses, telephone numbers and, if appropriate, web
    32  site addresses of the five companies having the best complaint  rankings
    33  that  would  write insurance for such person, and the total cost for the
    34  package of coverage from each insurer listed;
    35    (3) An explanation of how to obtain from  such  companies  the  names,
    36  addresses, telephone numbers, and, if appropriate, web site addresses of
    37  those  agents,  brokers  or sales representatives of such companies that

    38  are situated in a location reasonably convenient to the person; and
    39    (4) Until such database is established, the department  shall  provide
    40  persons  making an inquiry the department's Annual Ranking of Automobile
    41  Insurance Complaints and Consumers Guide to Auto Insurance.   After  the
    42  database  is  established,  if the person making an inquiry prefers, the
    43  department may provide, in lieu of the information  specified  in  para-
    44  graphs  one,  two  and three of this subsection, the department's Annual
    45  Ranking of Automobile Insurance Complaints, and Consumer Guide  to  Auto
    46  Insurance.
    47    § 503. Consumer rating factors. In order to receive the list of lowest
    48  cost insurers described in section five hundred two of this article, the

    49  person shall provide the following information:
    50    (a)  The  place  in  which  the vehicle is garaged or stored, or other
    51  information needed to determine geographical territory;
    52    (b) The age, sex, marital  status  and  other  information  needed  to
    53  determine the driver class of the principal and occasional operators;
    54    (c) The make, model and year of the automobile;
    55    (d) Information relating to qualification for discounts;

        A. 1937                             3
 
     1    (e)  Information  relating  to  surcharges or credits based on driving
     2  record or driving courses taken;
     3    (f) Desired effective date of the policy;
     4    (g) Desired coverages; and

     5    (h)  Such  other  information  as the superintendent may by regulation
     6  require.
     7    § 504. Disclosure procedures. Every policy of  nonbusiness  automobile
     8  insurance  delivered, issued for delivery, renewed or issued for renewal
     9  in this state shall include a notice prescribed by the superintendent in
    10  regulation of the availability of  the  information  and  procedure  for
    11  obtaining  such  information  described in sections five hundred two and
    12  five hundred three of  this  article.  Such  notice  shall  include  the
    13  department's address, telephone number and web site address.
    14    § 505. Noninterference with obtaining coverage. No applicant for auto-
    15  mobile  insurance shall be prevented or delayed in effecting or applying

    16  for coverage by the requirements of section five hundred  four  of  this
    17  article. In those cases where, prior to or at the time an application is
    18  taken,  it is impractical to provide any disclosure documents prescribed
    19  by section five hundred four of this article, such  documents  shall  be
    20  furnished  as  soon  thereafter as practical and, in any event, no later
    21  than at the time the policy is delivered.   Where any such  document  is
    22  not  provided  as required by section five hundred four of this article,
    23  the applicant may, no later than thirty days following  receipt  of  the
    24  policy,  and  notwithstanding  the  provisions of section three thousand
    25  four hundred twenty-eight of this chapter, return the policy for  a  pro

    26  rata  refund  of  premiums  paid. A clear and conspicuous written notice
    27  explaining this refund provision, in language promulgated by the  super-
    28  intendent, shall be delivered with the policy.
    29    §  506. Public outreach. The department shall conduct public education
    30  and outreach to inform consumers as to the availability of  and  how  to
    31  access  the  consumer  information prescribed by this article.  Notwith-
    32  standing any inconsistent law to the contrary, no advertisement  utiliz-
    33  ing  electronic  means,  (including but not limited to radio, television
    34  and  the  internet)  public  service  announcement  or  other  broadcast
    35  produced or distributed pursuant to this section shall feature the like-

    36  ness,  picture  or  voice  of  a  statewide elected official or a family
    37  member of such official.
    38    § 2. If any provision of section one of this act  or  the  application
    39  thereof  to any person or circumstances be adjudged invalid by any court
    40  of competent jurisdiction, such judgment shall be confined in its opera-
    41  tion to the provision or application or persons or circumstances direct-
    42  ly involved in the controversy in which such judgment  shall  have  been
    43  rendered and shall not affect or impair the validity of the remainder of
    44  this act or the application thereof to other persons or circumstances.
    45    § 3. The executive law is amended by adding a new article 44-A to read
    46  as follows:
    47                                 ARTICLE 44-A
    48                OFFICE OF PUBLIC INSURANCE CONSUMER ADVOCATE

    49  Section 945. Office of public insurance consumer advocate.
    50          946. Public insurance consumer advocate.
    51          947. Powers and duties.
    52    §  945. Office of public insurance consumer advocate.  There is hereby
    53  created in the executive department  an  independent  office  of  public
    54  insurance  consumer advocate (hereinafter referred to in this article as
    55  "office") to represent  the  interests  of  nonbusiness  automobile  and
    56  health insurance consumers in the state.

        A. 1937                             4
 
     1    §  946.  Public insurance consumer advocate. 1. The governor, with the
     2  advice and consent of the  senate,  shall  appoint  a  public  insurance

     3  consumer  advocate  (hereinafter  referred  to in this article as "advo-
     4  cate") who shall serve as the executive director of the office of public
     5  insurance  consumer  advocate  and  shall receive an annual salary to be
     6  fixed by the governor within the amount available therefor by  appropri-
     7  ation.
     8    2.  (a)  To be eligible to serve as advocate, a person must be a resi-
     9  dent of the state. The advocate shall be a person who has demonstrated a
    10  strong commitment to and involvement in efforts to safeguard the  rights
    11  of  the public, and who possesses the knowledge and experience necessary
    12  to practice effectively in insurance proceedings.
    13    (b) A person shall not be eligible for appointment as advocate if such

    14  person or the person's spouse:
    15    (i) is employed by or participates in the  management  of  a  business
    16  entity  or  other  organization regulated by the department of financial
    17  services or receiving funds from such department;
    18    (ii) owns or controls, directly or indirectly, more than  ten  percent
    19  interest  in  a  business  entity or other organization regulated by the
    20  department of financial services or receiving funds from the  department
    21  of financial services or the office;
    22    (iii)  uses  or  receives  a  substantial  amount  of  tangible goods,
    23  services or funds from the  department  of  financial  services  or  the
    24  office,  other  than compensation or reimbursement authorized by law for

    25  the department of financial services or office membership, attendance or
    26  expenses.
    27    3. The advocate shall serve for a term of two years.
    28    4. It shall be a ground for removal from office if the advocate:
    29    (a) does not have  at  the  time  of  appointment  the  qualifications
    30  required by this section;
    31    (b)  does  not  maintain during service as advocate the qualifications
    32  required by this section;
    33    (c) violates a prohibition established by this section; or
    34    (d) cannot discharge the advocate's duties for a substantial  part  of
    35  the term for which the advocate is appointed because of illness or disa-
    36  bility.
    37    5.  The  validity  of an action of the office shall not be affected by

    38  the fact that it is taken when a ground  for  removal  of  the  advocate
    39  exists.
    40    6.  (a) A person shall not serve as the advocate or act as the general
    41  counsel for the office of advocate if the person is required to register
    42  as a lobbyist pursuant to article one-A of the legislative law.
    43    (b) A person serving as the advocate shall not, for a  period  of  two
    44  years  after the date the person ceases to be an advocate, represent any
    45  person in a proceeding before the superintendent of  financial  services
    46  or  the  department  of  financial  services or receive compensation for
    47  services rendered on behalf of any person regarding a  case  before  the
    48  superintendent  of  financial  services  or  the department of financial

    49  services.
    50    (c) A person shall not serve as the advocate or be an employee of  the
    51  office  if  the  person  is an officer, employee or paid consultant of a
    52  trade association in the field of insurance.
    53    (d) A person who is the spouse of an officer, manager or paid consult-
    54  ant of a trade association in the field of insurance shall not serve  as
    55  the advocate and may not be an office employee.

        A. 1937                             5
 
     1    (e) For the purposes of this section, a trade association is a nonpro-
     2  fit,  cooperative  and  voluntarily  joined  association  of business or
     3  professional competitors designed to assist its members and its industry

     4  or profession in dealing with mutual business or  professional  problems
     5  and in promoting their common interest.
     6    §  947.  Powers  and duties. 1. The advocate, as executive director of
     7  the office, shall be charged with the responsibility  of  administering,
     8  enforcing  and  carrying  out  the provisions of this article, including
     9  preparation of a budget for the office, employing all necessary  profes-
    10  sional,  technical  and  other employees to carry out provisions of this
    11  article, approval of expenditures for professional services, travel, per
    12  diem and other actual and necessary expenses incurred  in  administering
    13  the  office.  The compensation of employees of the office shall be fixed

    14  by the advocate within the appropriation provided therefor.
    15    2. The office shall file annually with the governor, temporary  presi-
    16  dent  of  the senate and speaker of the assembly a complete and detailed
    17  written report accounting for all funds received and  disbursed  by  the
    18  office  during  the preceding fiscal year. The annual report shall be in
    19  the form and reported as part of the executive budget.
    20    3. All money paid to the office under this article shall be  deposited
    21  in the state treasury.
    22    4.  The office may assess the impact of insurer practices and proposed
    23  and in-force insurance rates, rules and regulations on nonbusiness auto-
    24  mobile and health insurance consumers in the state;  in  its  own  name,

    25  advocate on behalf of positions that are most advantageous to a substan-
    26  tial number of insurance consumers as determined by the advocate; and do
    27  all  things  necessary and proper for these purposes, including engaging
    28  attorneys, and experts  in  actuarial  science,  economics,  accounting,
    29  finance or any other discipline which may be appropriate.
    30    5. The advocate:
    31    (a)  may  appear  or  intervene as a matter of right before the super-
    32  intendent of insurance or insurance department as a party  or  otherwise
    33  on behalf of insurance consumers as a class in matters involving insurer
    34  practices and proposed and in-force rates, rules and regulations affect-
    35  ing nonbusiness automobile and health insurance;

    36    (b) may initiate or intervene as a matter of right or otherwise appear
    37  in  any judicial proceeding involving or arising out of any action taken
    38  by an administrative agency in a proceeding in which the advocate previ-
    39  ously appeared under the authority granted by this article;
    40    (c) is entitled to access any records of the department  of  financial
    41  services  that  are  available  to  any party in a proceeding before the
    42  superintendent of financial services or department of financial services
    43  under the authority granted by this article;
    44    (d) is entitled to obtain discovery of any non-privileged matter  that
    45  is relevant to the subject matter involved in a proceeding or submission

    46  before  the superintendent of financial services or department of finan-
    47  cial services as authorized by this article;
    48    (e) may recommend legislation to the legislature that, in the judgment
    49  of the advocate, would affect positively the  interests  of  nonbusiness
    50  automobile and health insurance consumers;
    51    (f)  may appear or intervene as a matter of right as a party or other-
    52  wise on behalf of nonbusiness automobile and health insurance  consumers
    53  as  a  class in all proceedings and actions in which the advocate deter-
    54  mines that such consumers need representation, except that the  advocate
    55  shall  not  intervene  in  any  enforcement or parens patriae proceeding
    56  brought by the attorney general;


        A. 1937                             6
 
     1    (g) may conduct any inquiry, hearing, investigation, survey  or  study
     2  which  the  advocate  deems  necessary  to  effectively  carry  out  the
     3  provisions of this article and, for  that  purpose,  to  take  and  hear
     4  proofs  and  testimony,  subpoena  witnesses,  compel  their attendance,
     5  administer oaths, examine any person under oath and to compel any person
     6  to subscribe to his or her testimony after it has been correctly reduced
     7  to writing, and in connection therewith to require the production of any
     8  books,  papers,  records,  accounts,  correspondence  or other documents
     9  which the advocate deems relevant to  the  inquiry.  A  subpoena  issued
    10  under  this  section  shall  be  regulated by the civil practice law and

    11  rules.
    12    6. (a)  The  office  shall  prepare  information  of  public  interest
    13  describing the functions of the office. The office shall make the infor-
    14  mation  available  to  the public, lawmakers and appropriate state agen-
    15  cies.
    16    (b) The  office  shall  prepare  and  maintain  a  written  plan  that
    17  describes  how  each  person  who does not speak English can be provided
    18  reasonable access to the office's programs.
    19    (c) The office shall prepare and distribute public education materials
    20  for consumers, legislators and regulators.
    21    (d) The office may participate in trade associations.
    22    7. The office shall be subject to articles six and six-A of the public

    23  officers law; provided, however, that documents, records, files, reports
    24  or other information concerning confidential matters of  the  board,  as
    25  defined  and  described  in  regulations  promulgated  by the board, are
    26  specifically exempted from disclosure pursuant to  section  eighty-seven
    27  of the public officers law.
    28    § 4. Subsection (d) of section 2321 of the insurance law is amended to
    29  read as follows:
    30    (d)  Proceedings  pursuant to subsections (b) and (c) [hereof] of this
    31  section may be instituted upon the initiative of the  superintendent  or
    32  upon  written  application to the superintendent by any aggrieved person
    33  or organization, other than a rate service organization, for a  hearing,
    34  if  the  superintendent finds that the application is made in good faith

    35  and that the grounds otherwise justify  holding  such  a  hearing  which
    36  shall  be  held  within  fifteen days of the request; provided, however,
    37  that the superintendent shall hold such a hearing within fifteen days of
    38  an application therefor from  the  public  insurance  consumer  advocate
    39  established under article forty-four-A of the executive law. In the case
    40  of  a  denial  of  an  application  for a hearing filed by any aggrieved
    41  person or any other organization, the superintendent shall  provide  the
    42  reasons therefor in writing to the applicant within fifteen days of such
    43  denial.
    44    § 5. Subsection (c) of section 2305 of the insurance law is amended to
    45  read as follows:
    46    (c)  (1)  Rates  filed with the superintendent shall be accompanied by

    47  the information upon which the insurer supports the rate as set forth in
    48  subsection (b) of section two thousand three hundred four of this  arti-
    49  cle.
    50    (2)  With  respect to rates filed for nonbusiness automobile policies,
    51  such filings shall include all statistical data relied upon  to  support
    52  the  filing  and  such  other  information  as  the superintendent shall
    53  require. Such filings and  supporting  information  shall  conform  with
    54  standards  of  uniformity  which  the  superintendent shall prescribe by
    55  regulation within one hundred eighty days of the effective date of  this
    56  paragraph.

        A. 1937                             7
 
     1    § 6. The insurance law is amended by adding a new section 2353 to read
     2  as follows:

     3    §  2353.  Municipal petitions; motor vehicle insurance for nonbusiness
     4  automobiles. (a) Notwithstanding any inconsistent provision of law,  any
     5  municipality  or  combination  of contiguous municipalities may petition
     6  the department for a reduction in rates of policies covering  losses  or
     7  liabilities arising out of the ownership of a motor vehicle predominant-
     8  ly  used  for  nonbusiness  purposes, when a natural person is the named
     9  insured under a policy of auto insurance, when such rates do not reflect
    10  accurately the current data pertinent to the risk of loss in the munici-
    11  pality or municipalities based on reasonable and sound underwriting  and
    12  actuarial criteria.
    13    (b) Within  fifteen days of receipt of such a petition, the department

    14  shall hold a public hearing thereon, at which municipal representatives,
    15  insurers and the public shall have the right to be heard. The department
    16  shall explain in writing its reasons for granting or denying,  in  whole
    17  or  in part, the relief sought in the petition. If the department grants
    18  such relief, it shall immediately order an appropriate reduction,  which
    19  may include retroactive relief, if justified, notwithstanding any incon-
    20  sistent provision of law.
    21    (c) For  the  purposes  of this section, the term "municipality" shall
    22  mean any county not wholly contained within a city and any city compris-
    23  ing more than one county.
    24    § 7.  The insurance law is amended by adding a new section 342 to read
    25  as follows:

    26    § 342. Cooperation with office of public insurance consumer  advocate.
    27  (a)  The superintendent, and every deputy and employee of the department
    28  shall cooperate fully and completely with the office of public insurance
    29  consumer advocate and provide without charge to such office, access and,
    30  upon request of the public insurance consumer advocate,  copies  of  all
    31  books,  records  and files of the department and of each licensee of the
    32  department to the extent that the department has  access  or  copies  of
    33  such  books,  records and files, which such advocate deems necessary and
    34  appropriate to carry out the purposes of  article  forty-four-A  of  the
    35  executive  law,  including,  but not limited to filings and applications

    36  which may be subject to a hearing pursuant  to  this  section,  and  all
    37  information  furnished the superintendent in support of such filings and
    38  applications.
    39    (b) Notwithstanding any inconsistent law, rule or  regulation  to  the
    40  contrary, the superintendent shall notify the office of public insurance
    41  consumer  advocate  of all rate-related filings made under article twen-
    42  ty-three of this chapter with respect to nonbusiness  automobile  insur-
    43  ance, filings for rate increases pursuant to sections three thousand two
    44  hundred thirty-one and four thousand three hundred eight of this chapter
    45  and applications for material change in benefits or delivery of benefits
    46  under  a  contract,  within  five  business days of having received such

    47  filings and applications.  Such notification shall include a summary  of
    48  each  filing  or  application,  to  include,  but not be limited to: the
    49  number of policyholders, subscribers or enrollees affected;  the  amount
    50  of rate increase; the regions or territories affected; and a description
    51  of  the  change in benefits or delivery of benefits.  The superintendent
    52  shall simultaneously submit for publication in the  state  register  all
    53  such  notifications  to  the public insurance consumer advocate.  Within
    54  five business days of the request of such advocate,  the  superintendent
    55  shall forward any filings and applications so requested and all informa-
    56  tion furnished in support of such filings and applications.


        A. 1937                             8
 
     1    (c) The public insurance consumer advocate may request the superinten-
     2  dent  hold  a  hearing on any matter deemed necessary and appropriate to
     3  carry out the purposes of article forty-four-A  of  the  executive  law,
     4  which  shall  be  held  within  fifteen days of the request. No proposed
     5  change  in rule or regulation, filing for a nonbusiness automobile rate-
     6  related change or rate increase, filing for a rate increase pursuant  to
     7  sections  three  thousand two hundred thirty-one and four thousand three
     8  hundred eight of this chapter, or application  for  material  change  in
     9  benefits or delivery of benefits subject to a hearing under this section
    10  shall  become effective pending the close of such hearing, provided that

    11  such request is made within thirty days of such advocate having received
    12  notice of such proposed change, filing or  application.  Within  fifteen
    13  days  after the close of the hearing, or such time as the superintendent
    14  approves the proposed  rule,  regulation,  filing  or  application,  the
    15  superintendent  shall  issue  a  written  opinion based upon the hearing
    16  record, explaining the reasons for approving or denying, in whole or  in
    17  part, the change sought.
    18    § 8. Subparagraph (A) of paragraph 2 of subsection (e) of section 3231
    19  of  the insurance law, as amended by chapter 107 of the laws of 2010, is
    20  amended to read as follows:
    21    (A) Until September thirtieth,  two  thousand  ten,  as  an  alternate
    22  procedure  to  the  requirements of paragraph one of this subsection, an

    23  insurer desiring to increase or decrease premiums for  any  policy  form
    24  subject  to this section may instead submit a rate filing or application
    25  to the superintendent and such application or  filing  shall  be  deemed
    26  approved,  provided  that:  (i) the anticipated minimum loss ratio for a
    27  policy form shall not be less than eighty-two percent  of  the  premium;
    28  and (ii) the insurer submits, as part of such filing, a certification by
    29  a  member  of  the  American  Academy  of  Actuaries or other individual
    30  acceptable to the superintendent that the insurer is in compliance  with
    31  the  provisions of this paragraph, based upon that person's examination,
    32  including a review of the  appropriate  records  and  of  the  actuarial
    33  assumptions  and  methods  used  by  the insurer in establishing premium
    34  rates for policy forms subject to this section, unless the public insur-

    35  ance consumer advocate has requested  a  public  hearing  on  such  rate
    36  filing  or  application  pursuant  to section three hundred forty-two of
    37  this chapter.   An insurer shall not  utilize  the  alternate  procedure
    38  pursuant  to  this paragraph to implement a change in rates to be effec-
    39  tive on or after October first, two thousand ten.
    40    § 9. Paragraph 1 of subsection (g) of section 4308  of  the  insurance
    41  law,  as  amended by chapter 107 of the laws of 2010, is amended to read
    42  as follows:
    43    (1) Until September thirtieth,  two  thousand  ten,  as  an  alternate
    44  procedure  to  the  requirements  of  subsection  (c) of this section, a
    45  corporation subject to  the  provisions  of  this  article  desiring  to
    46  increase  or  decrease premiums for any contract subject to this section

    47  may instead submit a rate filing or application  to  the  superintendent
    48  and  such  application or filing shall be deemed approved, provided that
    49  (A) the anticipated incurred loss ratio for a contract form shall not be
    50  less than eighty-two percent for individual direct payment contracts  or
    51  eighty-two percent for small group and small group remittance contracts,
    52  nor,  except  in  the case of individual direct payment contracts with a
    53  loss ratio of greater than one  hundred  five  percent  during  nineteen
    54  hundred  ninety-four, shall the loss ratio for any direct payment, group
    55  or group remittance contract be more than one hundred  five  percent  of
    56  the anticipated earned premium, and (B) the corporation submits, as part

        A. 1937                             9
 
     1  of  such  filing, a certification by a member of the American Academy of

     2  Actuaries or other individual acceptable to the superintendent that that
     3  corporation is in compliance with the  provisions  of  this  subsection,
     4  based  upon  that person's examination, including a review of the appro-
     5  priate records and of the actuarial assumptions and methods used by  the
     6  corporation  in establishing premium rates for contracts subject to this
     7  section, unless the public insurance consumer advocate has  requested  a
     8  public  hearing  on  such rate filing or application pursuant to section
     9  three hundred forty-two of  this  chapter.    A  corporation  shall  not
    10  utilize the alternate procedure pursuant to this subsection to implement
    11  a  change  in rates to be effective on or after October first, two thou-
    12  sand ten. For purposes of this section, a small group is any group whose

    13  contract is subject to the requirements of  section  [forty-three]  four
    14  thousand three hundred seventeen of this article.
    15    §  10.  Section  149  of  the executive law is amended by adding a new
    16  subdivision 4 to read as follows:
    17    4. Notices submitted pursuant to section three  hundred  forty-two  of
    18  the  insurance  law  shall  be  in such format as the secretary of state
    19  shall require, and shall be published  in  a  separate  section  of  the
    20  register  which  shall  include  telephone numbers, addresses and e-mail
    21  addresses which the public may use  to  contact  the  office  of  public
    22  insurance consumer advocate and the department of financial services.
    23    § 11. Section 202 of the state administrative procedure act is amended

    24  by adding a new subdivision 1-a to read as follows:
    25    1-a.  In  addition  to the requirements of this section, any notice of
    26  proposed rulemaking, notice of revised rulemaking or notice of emergency
    27  adoption submitted by the department of financial services that  impacts
    28  nonbusiness  automobile or health insurance consumers shall also include
    29  the telephone number, address and e-mail address which  the  public  may
    30  use to contact the office of public insurance consumer advocate.
    31    §  12. This act shall take effect immediately; provided, however, that
    32  within twelve months of the effective date of  this  act,  the  database
    33  required by section 502 of the insurance law, as added by section one of
    34  this  act, shall be completed; and, provided further, that within ninety

    35  days of the effective date of this act, notice of  the  availability  of
    36  the  department  of  financial  services'  Annual  Ranking of Automobile
    37  Insurance Complaints and Consumers Guide  to  Auto  Insurance,  and  the
    38  department of financial services' address, telephone number and web site
    39  address  shall  be  provided  with  all  nonbusiness automobile policies
    40  delivered, issued for delivery, renewed or issued for  renewal  in  this
    41  state.   The disclosure requirement of section 504 of the insurance law,
    42  as added by section one of this act  shall  take  effect  twelve  months
    43  after  the  effective  date of this act.   The public insurance consumer
    44  advocate shall be appointed, pursuant to article 44-A of  the  executive
    45  law,  as  added  by  section  three of this act for a two year term. Any
    46  regulations necessary for the implementation of the provisions  of  this

    47  act shall be promulgated within one hundred eighty days after the effec-
    48  tive date of this act.
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