A10784 Summary:
BILL NO | A10784 |
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SAME AS | SAME AS S07787 |
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SPONSOR | Rules (Morelle) |
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COSPNSR | Cymbrowitz, Simanowitz, Moya, Peoples-Stokes, Hevesi, Abinanti, Latimer, Pretlow, Quart, Lavine, Jacobs, Amedore, Barclay, Finch, Graf |
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MLTSPNSR | |
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Amd S3420, add S5109-a, Ins L | |
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Relates to limits on certain supplementary insurance; permits insured to refuse supplementary insurance; requires certain disclaimer; relates to payments to durable medical equipment providers. |
A10784 Actions:
BILL NO | A10784 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/18/2012 | referred to insurance | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | rules report cal.530 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2012 | ordered to third reading rules cal.530 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | SUBSTITUTED FOR S7787 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | 3RD READING CAL.1426 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2012 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
12/05/2012 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
12/17/2012 | vetoed memo.179 | |||||||||||||||||||||||||||||||||||||||||||||||||
12/17/2012 | tabled |
A10784 Floor Votes:
ER
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
ER
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
ER
Graf
ER
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
No
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
ER
Smardz
ER
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
ER
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
ER
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
Yes
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
ER
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
ER
Rivera N
Yes
Walter
Yes
Cahill
ER
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
ER
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
ER
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
ER
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A10784 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10784 IN ASSEMBLY June 18, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morelle) -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to limits on certain supplementary insurance; and in relation to payments to durable medical equipment providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 2 of subsection (f) of section 3420 of the insur- 2 ance law, as separately amended by chapters 547 and 568 of the laws of 3 1997, is amended to read as follows: 4 (2) (A) Any such policy shall[, at the option of the insured, also] 5 provide supplementary uninsured/underinsured motorists insurance for 6 bodily injury[, in an amount up to] in the same amount as the bodily 7 injury liability insurance limits of coverage provided under such auto- 8 mobile insurance policy[, subject to a maximum of two hundred fifty9thousand dollars because of bodily injury to or death of one person in10any one accident and, subject to such limit for one person, up to five11hundred thousand dollars because of bodily injury to or death of two or12more persons in any one accident, or a combined single limit policy of13five hundred thousand dollars because of bodily injury to or death of14one or more persons in any one accident. Provided however, an insurer15issuing such policy, in lieu of offering to the insured the coverages16stated above, may provide supplementary uninsured/underinsured motorists17insurance for bodily injury, in an amount up to the bodily injury18liability insurance limits of coverage provided under such policy,19subject to a maximum of one hundred thousand dollars because of bodily20injury to or death of one person in any one accident and, subject to21such limit for one person, up to three hundred thousand dollars because22of bodily injury to or death of two or more persons in any one accident,23or a combined single limit policy of three hundred thousand dollars24because of bodily injury to or death of one or more persons in any one25accident, if such insurer also makes available a personal umbrella poli-26cy with liability coverage limits up to at least five hundred thousand27dollars which also provides coverage for supplementaryEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15532-07-2A. 10784 2 1uninsured/underinsured motorists claims]. The coverage required under 2 this paragraph is not applicable when, or to the extent that, an insured 3 named in the policy makes a rejection of the coverage on behalf of all 4 insureds under the policy. Such rejection shall be memorialized by the 5 insurer through a signed writing, audio recording, electronic signature 6 or any other means evidencing the insured's rejection of such coverage. 7 Supplementary uninsured/underinsured motorists insurance shall provide 8 coverage, in any state or Canadian province, if the limits of liability 9 under all bodily injury liability bonds and insurance policies of 10 [another] any other motor vehicle liable for damages are in a lesser 11 amount than the bodily injury liability insurance limits of coverage 12 provided by such policy. Upon written request by any insured covered by 13 supplemental uninsured/underinsured motorists insurance or his duly 14 authorized representative and upon disclosure by the insured of the 15 insured's bodily injury and supplemental uninsured/underinsured motor- 16 ists insurance coverage limits, the insurer of any other owner or opera- 17 tor of another motor vehicle against which a claim has been made for 18 damages to the insured shall disclose, within forty-five days of the 19 request, the bodily injury liability insurance limits of its coverage 20 provided under the policy or all bodily injury liability bonds. The time 21 of the insured to make any supplementary uninsured/underinsured motorist 22 claim, shall be tolled during the period the insurer of any other owner 23 or operator of another motor vehicle that may be liable for damages to 24 the insured, fails to so disclose its coverage. As a condition precedent 25 to the obligation of the insurer to pay under the supplementary 26 uninsured/underinsured motorists insurance coverage, the limits of 27 liability of all bodily injury liability bonds or insurance policies 28 applicable at the time of the accident shall be exhausted by payment of 29 judgments or settlements. 30 (B) [In addition to the notice provided, upon issuance of a policy of31motor vehicle liability insurance pursuant to regulations promulgated by32the superintendent, insurers shall notify insureds, in writing, of the33availability of supplementary uninsured/underinsured motorists coverage.34Such notification shall contain an explanation of supplementary35uninsured/underinsured motorists coverage and the amounts in which it36can be purchased. Subsequently, a notification of availability shall be37provided at least once a year and may be simplified pursuant to regu-38lations promulgated by the superintendent, but must include a concise39statement that supplementary uninsured/underinsured motorists coverage40is available, an explanation of such coverage, and the coverage limits41that can be purchased from the insurer.] If the rejection or selection 42 of lower supplementary uninsured/underinsured motorists coverage is in 43 written or electronic form, that rejection or selection shall be made on 44 a form provided to the insured at the time the policy is sold, purchased 45 and/or negotiated that shall fully advise the insured of the nature of 46 the coverage and shall state that the coverage is equal to bodily injury 47 liability limits unless lower limits are requested or the coverage is 48 rejected. Where such selection or rejection is made verbally, a memori- 49 alization in writing or electronic signature may be received by the 50 insurer subsequent to the sale, purchase and/or negotiation of the poli- 51 cy. The form shall be in 12-point bold type and shall state: "Supple- 52 mentary uninsured/underinsured motorists coverage (SUM Coverage) 53 protects against the possibility of an accident involving another motor 54 vehicle whose owner or operator was negligent and who may have no insur- 55 ance whatsoever; or even if insured, is only insured for third-party 56 bodily injury at relatively low liability limits, in comparison to theA. 10784 3 1 policyholder's own liability limits for bodily injury sustained by 2 third-parties. By purchasing SUM coverage, the policyholder and any 3 insured under the policy can be protected for bodily injury to them- 4 selves and receive from the policyholder's own insurer payment for bodi- 5 ly injury sustained due to the negligence of the other motor vehicle's 6 owner or operator. SUM coverage shall be equal to bodily injury liabil- 7 ity limits unless lower limits are requested or the coverage is 8 rejected. A policyholder is urged to consider purchasing the maximum SUM 9 coverage available." If rejection or selection of lower limits is made 10 verbally, the insurer or their agent shall read the identical or 11 substantially similar language as is in the above rejection of matching 12 limits form and confirm the client has heard and understood the same, 13 and shall restate the above information as often as is necessary until 14 the insured has verbally confirmed that they fully understand the same. 15 The insurer shall notify the named insured at least annually of her or 16 his options as to the coverage required by this paragraph pursuant to 17 regulations issued by the superintendent, if any, at the time of or 18 within sixty days prior to the renewal of the policy. Receipt of this 19 notice does not constitute an affirmative waiver of the insured's right 20 to uninsured motorist coverage where the insured has not signed a 21 selection or rejection form. 22 § 2. The insurance law is amended by adding a new section 5109-a to 23 read as follows: 24 § 5109-a. Unauthorized providers of durable medical equipment. (a) The 25 superintendent may prohibit a provider of durable medical equipment from 26 demanding or requesting payment under this article for durable medical 27 equipment for a period to be determined by the superintendent if the 28 superintendent determines, after notice and a hearing, that the provider 29 of durable medical equipment: 30 (1) has engaged in a pattern and practice of fraudulent, excessive or 31 unlawful billing of insurance companies for durable medical equipment; 32 (2) has engaged in a pattern and practice of billing insurance compa- 33 nies for durable medical equipment which was not provided; 34 (3) has engaged in a pattern and practice of billing insurance compa- 35 nies for durable medical equipment which was not necessary; 36 (4) has committed a fraudulent insurance act as defined in section 37 176.05 of the penal law; 38 (5) has been convicted of a crime involving fraudulent or dishonest 39 practices; 40 (6) has refused to appear before, or answer any question upon request 41 of, the superintendent or any duly authorized officer of this state or 42 refused to produce any relevant information concerning the conduct of 43 the provider of durable medical equipment in connection with durable 44 medical equipment provided under this article; or 45 (7) has violated any provision of this article or regulations promul- 46 gated thereunder. 47 (b) A provider of durable medical equipment shall not demand or 48 request payment under this article for durable medical equipment during 49 the term of the prohibition ordered by the superintendent pursuant to 50 subsection (a) of this section. 51 (c) The superintendent shall maintain a database containing a list of 52 providers of durable medical equipment prohibited by this section from 53 demanding or requesting payment for durable medical equipment rendered 54 under this article and shall make the information available to the 55 public.A. 10784 4 1 (d) Nothing in this section shall be construed as limiting in any 2 respect the powers and duties of any other state or federal agency or 3 insurers to investigate instances of misconduct by durable medical 4 equipment providers and take appropriate action pursuant to any other 5 provision of law. 6 § 3. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law, and shall apply to insurance policies and 8 contracts issued, entered into or renewed on and after such effective 9 date.