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AB1327 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1327
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2021
                                       ___________
 
        Introduced  by M. of A. WOERNER, ENGLEBRIGHT, SIMON, GOTTFRIED, DICKENS,
          THIELE,  CRUZ,  NIOU,  GUNTHER,  SEAWRIGHT,  GLICK,  FRONTUS,   REYES,
          O'DONNELL,  PICHARDO  -- Multi-Sponsored by -- M. of A. SAYEGH -- read
          once and referred to the Committee on Insurance
 
        AN ACT to amend the insurance law, in relation to gender  indication  on
          claim forms

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
     2  amended by adding a new paragraph 36 to read as follows:
     3    (36)  Every policy delivered or issued for delivery in this state that
     4  provides coverage for hospital,  surgical  or  medical  care  shall  not
     5  exclude  coverage  for  screening,  diagnosis  and  treatment of medical
     6  conditions, or services otherwise covered by the policy  solely  on  the
     7  basis  of the gender indicated on a claim form, or that the gender indi-
     8  cated on a claim form is different from the insured's  sex  assigned  at
     9  birth  or  gender  otherwise recorded, or that the insured is not of the
    10  gender to whom a service is typically or exclusively provided.
    11    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    12  adding a new paragraph 21 to read as follows:
    13    (21) Every policy delivered or issued for delivery in this state  that
    14  provides  coverage  for  hospital,  surgical  or  medical care shall not
    15  exclude coverage for  screening,  diagnosis  and  treatment  of  medical
    16  conditions,  or  services  otherwise covered by the policy solely on the
    17  basis of the gender indicated on a claim form, or that the gender  indi-
    18  cated  on  a  claim form is different from the insured's sex assigned at
    19  birth or gender otherwise recorded, or that the insured is  not  of  the
    20  gender to whom a service is typically or exclusively provided.
    21    §  3.  Section  4303  of  the insurance law is amended by adding a new
    22  subsection (ss) to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01293-01-1

        A. 1327                             2
 
     1    (ss) Every contract issued by a corporation subject to the  provisions
     2  of this article that provides coverage for hospital, surgical or medical
     3  care  shall  not exclude coverage for screening, diagnosis and treatment
     4  of medical conditions, or services otherwise  covered  by  the  contract
     5  solely on the basis of the gender indicated on a claim form, or that the
     6  gender  indicated  on  a  claim form is different from the insured's sex
     7  assigned at birth or gender otherwise recorded, or that the  insured  is
     8  not  of  the  gender  to  whom  a  service  is  typically or exclusively
     9  provided.
    10    § 4. This act shall take effect on the first of January next  succeed-
    11  ing  the  date  on  which  it shall have become a law and shall apply to
    12  policies and contracts issued, renewed, modified, altered or amended  on
    13  and after such date.
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