S06210 Summary:

BILL NOS06210
 
SAME ASNo same as
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Add S210-b, Ins L
 
Creates the office of insurance consumer advocate within the department of insurance; office to consist of five members; describes powers and duties; such office to be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.
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S06210 Actions:

BILL NOS06210
 
01/13/2012REFERRED TO INSURANCE
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S06210 Floor Votes:

There are no votes for this bill in this legislative session.
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S06210 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6210
 
                    IN SENATE
 
                                    January 13, 2012
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
 
        AN ACT to amend the insurance  law,  in  relation  to  establishing  the
          office  of insurance consumer advocate within the insurance department
          and describing 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 section 210-b
     2  to read as follows:
     3    § 210-b. Office of insurance consumer advocate. (a)  There  is  hereby
     4  created within the department the office of insurance consumer advocate,
     5  hereafter  referred  to in this section as the office. Such office shall
     6  consist of five members, three of whom shall be appointed by the  execu-
     7  tive  director of the consumer protection board and two of whom shall be
     8  appointed by the superintendent. Members of the office shall receive  no
     9  compensation  for  their services as members, but shall be allowed their
    10  actual and necessary expenses  incurred  in  the  performance  of  their
    11  duties.

    12    (b) The office, together with the consumer protection board, shall:
    13    (1)  Assess  the  impact  of  insurance regulatory actions on New York
    14  consumers. Such assessment shall include the review of applications  for
    15  subscriber  rate  changes  filed  by health insurance providers licensed
    16  pursuant to article forty-three of this chapter and  article  forty-four
    17  of the public health law.
    18    (2) Appear at public hearings as a representative of consumers, treat-
    19  ed  as a class, with respect to rate-setting matters that are before the
    20  superintendent that affect the consuming public.
    21    (3) Possess all rights and powers of any party at  interest  appearing
    22  before  the  department with regard to examination and cross-examination

    23  of witnesses and presentation of evidence.
    24    (4) Have access as any party, other than staff, to all  records  gath-
    25  ered  by  the department including nonprivileged material which is rele-
    26  vant to the subject matter  involved  in  such  proceedings  before  the
    27  department.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06404-01-1

        S. 6210                             2
 
     1    (5)  Recommend  insurance-related  legislation  to  the legislature in
     2  consultation with the consumer protection board  that  in  its  judgment
     3  would positively affect the interests of consumers.

     4    The  office  shall  not preempt the appearance of other consumer advo-
     5  cates at any official proceedings.
     6    (c) The office shall be funded by  an  assessment  upon  all  domestic
     7  insurers and all licensed United States branches of alien insurers domi-
     8  ciled  in  this  state  in the same manner as such insurers are assessed
     9  pursuant to section three  hundred  thirty-two  of  this  chapter.  Such
    10  assessment  shall be for the purpose of defraying the costs of creating,
    11  administering and operating the office.
    12    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law.
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