New York State Assembly

 
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A06126 Summary:

A06126 Actions:

A06126 Committee Votes:

Committee:INSURANCE   Chair:Weprin      
DATE:05/22/2024AYE/NAY:25/0  Action: Favorable refer to committee Rules        
Weprin
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Palmesano
Aye
Lavine
Aye
Gandolfo
Aye
Steck
Aye
Curran
Aye
Dilan
Aye
Jensen
Aye
Hunter
Aye
Blumencranz
Aye
Stern
Aye
Bendett
Aye
Jacobson
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye
Cruz
Aye
Bores
Aye
Lunsford
Aye
Berger
Aye
Eichenstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/28/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Excused
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A06126 Floor Votes:

A06126 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6126--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by  M. of A. HUNTER, BERGER -- read once and referred to the
          Committee on Insurance -- recommitted to the Committee on Insurance in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the insurance law, in relation to  prohibiting  insurers
          from reducing disability benefits unless certain conditions are met
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3216 of the insurance law is amended by adding  two
     2  new subsection (n) to read as follows:
     3    (n) No insurer may offset or reduce benefits payable under a policy of
     4  accident  and health insurance providing disability insurance due to the
     5  actual or estimated receipt  of  social  security  disability  insurance
     6  benefits unless:
     7    (1)  the  insurer has a reasonable, good faith belief that the insured
     8  is entitled to such benefits and a means of  reasonably  estimating  the
     9  amount payable;
    10    (2)  the insurer notifies the insured that the insured may qualify for
    11  such benefits and to pursue such benefits through any required  adminis-
    12  trative appeals;
    13    (3)  the  insurer  makes  a good faith effort to assist the insured in
    14  applying for such benefits; and
    15    (4) the insured fails to apply for,  or  pursue,  such  benefits  with
    16  reasonable  diligence  during  the  application  process or any required
    17  appeals.
    18    § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
    19  subsection (u) to read as follows:
    20    (u) No insurer may offset or reduce benefits payable under a policy of
    21  accident  and health insurance providing disability insurance due to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09886-03-4
        A. 6126--A                          2
 
     1  actual or estimated receipt  of  social  security  disability  insurance
     2  benefits unless:
     3    (1)  the  insurer has a reasonable, good faith belief that the insured
     4  is entitled to such benefits and a means of  reasonably  estimating  the
     5  amount payable;
     6    (2)  the insurer notifies the insured that the insured may qualify for
     7  such benefits and to pursue such benefits through any required  adminis-
     8  trative appeals;
     9    (3)  the  insurer  makes  a good faith effort to assist the insured in
    10  applying for such benefits; and
    11    (4) the insured fails to apply for,  or  pursue,  such  benefits  with
    12  reasonable  diligence  during  the  application  process or any required
    13  appeals.
    14    § 3.  This act shall take effect immediately.