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S09517 Summary:

BILL NOS09517A
 
SAME ASSAME AS A10746-A
 
SPONSORMAYER
 
COSPNSR
 
MLTSPNSR
 
Amd §1117, Ins L
 
Relates to notifying an insured of a rate filing increase or decrease for long term care; provides such notification shall include instructions on how to submit comments on such rate filing.
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S09517 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9517--A
            Cal. No. 707
 
                    IN SENATE
 
                                     March 19, 2026
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the  Committee  on  Insurance  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading

        AN  ACT  to amend the insurance law, in relation to notifying an insured
          of a rate filing increase or decrease for long term care
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (O)  of  paragraph  6  of subsection (b) of
     2  section 1117 of the insurance law, as added by chapter 655 of  the  laws
     3  of  2023,  is  amended  and a new subparagraph (O-1) is added to read as
     4  follows:
     5    (O) A statement that if the authorized  insurer,  corporation,  health
     6  maintenance  organization or fraternal benefit society seeks to increase
     7  or decrease the premium rate, the department will  post  notice  of  the
     8  rate filing on its website prior to any determination by the department;
     9  [and]
    10    (O-1)  A statement that if the authorized insurer, corporation, health
    11  maintenance organization or fraternal benefit society seeks to  increase
    12  or  decrease  the  premium rate, such authorized   insurer, corporation,
    13  health maintenance organization or fraternal benefit society  will  send
    14  notification  of the rate filing  to the insured at the time of the rate
    15  filing with the department, together with clear instructions on  how  to
    16  submit  comments  on  the  rate  filing or application regarding premium
    17  rates to the department, through  the  department's  website,  by  mail,
    18  and/or by other means; and
    19    §  2. Subsection (i) of section 1117 of the insurance law, as added by
    20  chapter 655 of the laws of 2023, is amended to read as follows:
    21    (i) Whenever an authorized insurer,  corporation,  health  maintenance
    22  organization  or  fraternal  benefit  society  submits  a rate filing or
    23  application to the superintendent to increase or decrease premium  rates
    24  for  any  policy or certificate subject to this section, such authorized
    25  insurer, corporation, health maintenance organization or fraternal bene-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14991-02-6

        S. 9517--A                          2
 
     1  fit society shall also send notification of the rate filing or  applica-
     2  tion  to  the  policy  holder together with clear instructions on how to
     3  submit comments on the rate  filing  or  application  regarding  premium
     4  rates  to  the  department,  through  the department's website, by mail,
     5  and/or by other means; and the superintendent shall post a public notice
     6  of the rate filing or application on  the  department's  website  within
     7  fourteen  days.  The  superintendent shall provide for a process for the
     8  public to provide comments on such rate filing or application  electron-
     9  ically  or  in  writing  for  a  period of thirty days after such public
    10  notice is posted on the department's website.
    11    § 3. Subsections (k) and (l) of section 1117 of the insurance law,  as
    12  added  by  chapter  655  of  the  laws  of  2023, are amended to read as
    13  follows:
    14    (k) Upon receipt by an authorized insurer, corporation, health mainte-
    15  nance  organization  or  fraternal  benefit  society  covered   by   the
    16  provisions  of  this  section of an approval or modification decision by
    17  the superintendent with respect to a rate filing  application  with  the
    18  department,  such  authorized  insurer,  corporation, health maintenance
    19  organization or fraternal benefit society shall notify policyholders and
    20  certificate holders of such decision no later than ninety days prior  to
    21  the  effective  date  of  the  premium  rate  increase or decrease. Such
    22  notification shall include:
    23    (1) a description of such decision; and
    24    (2) a written statement conforming to the requirements  set  forth  in
    25  subparagraph (G) of paragraph six of subsection (b) of this section.
    26    (l) The provisions set forth in subparagraphs (G), (H), (I), (J), (K),
    27  (L), (M), (N), (O), (O-1), and (P) of paragraph six of subsection (b) of
    28  this section shall not apply to policies or certificates that are exempt
    29  from premium rate increases or decreases.
    30    § 4. This act shall take effect immediately.
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