Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.
STATE OF NEW YORK
________________________________________________________________________
3234--A
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Insurance -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting the exclu-
sion of coverage based upon 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 39 to read as follows:
3 (39) Every policy that provides coverage for hospital, surgical or
4 medical care shall not exclude coverage for screening, diagnosis and
5 treatment of medical conditions, or services otherwise covered by the
6 policy solely on the basis of the gender indicated on a claim form, or
7 that the gender indicated on a claim form is different from the
8 insured's sex assigned at birth or gender otherwise recorded, or that
9 the insured is not of the gender to whom a service is provided. Nothing
10 herein shall limit the insurer's ability to take reasonable steps,
11 including requesting additional information, to determine whether the
12 insured is eligible for the services, to review the claim for potential
13 fraud, or to review the claim for clinical appropriateness.
14 § 2. Subsection (l) of section 3221 of the insurance law is amended by
15 adding a new paragraph 22 to read as follows:
16 (22) Every policy that provides coverage for hospital, surgical or
17 medical care shall not exclude coverage for screening, diagnosis and
18 treatment of medical conditions, or services otherwise covered by the
19 policy solely on the basis of the gender indicated on a claim form, or
20 that the gender indicated on a claim form is different from the
21 insured's sex assigned at birth or gender otherwise recorded, or that
22 the insured is not of the gender to whom a service is provided. Nothing
23 herein shall limit the insurer's ability to take reasonable steps,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04905-02-3
S. 3234--A 2
1 including requesting additional information, to determine whether the
2 insured is eligible for the services, to review the claim for potential
3 fraud, or to review the claim for clinical appropriateness.
4 § 3. Section 4303 of the insurance law is amended by adding a new
5 subsection (vv) to read as follows:
6 (vv) Every contract that provides coverage for hospital, surgical or
7 medical care shall not exclude coverage for screening, diagnosis and
8 treatment of medical conditions, or services otherwise covered by the
9 contract solely on the basis of the gender indicated on a claim form, or
10 that the gender indicated on a claim form is different from the
11 insured's sex assigned at birth or gender otherwise recorded, or that
12 the insured is not of the gender to whom a service is provided. Nothing
13 herein shall limit the insurer's ability to take reasonable steps,
14 including requesting additional information, to determine whether the
15 insured is eligible for the services, to review the claim for potential
16 fraud, or to review the claim for clinical appropriateness.
17 § 4. This act shall take effect on the first of January next succeed-
18 ing the date on which it shall have become a law and shall apply to
19 policies and contracts issued, renewed, modified, altered or amended on
20 or after such effective date.
