Relates to gender indication on insurance claim forms; policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.
STATE OF NEW YORK
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5330
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
___________
Introduced by Sen. HOYLMAN -- 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 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 35 to read as follows:
3 (35) 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:
23 (ss) Every contract issued by a corporation subject to the provisions
24 of this article that provides coverage for hospital, surgical or medical
25 care shall not exclude coverage for screening, diagnosis and treatment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01260-02-9
S. 5330 2
1 of medical conditions, or services otherwise covered by the contract
2 solely on the basis of the gender indicated on a claim form, or that the
3 gender indicated on a claim form is different from the insured's sex
4 assigned at birth or gender otherwise recorded, or that the insured is
5 not of the gender to whom a service is typically or exclusively
6 provided.
7 § 4. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law and shall apply to
9 policies and contracts issued, renewed, modified, altered or amended on
10 and after such date.