A02224 Summary:

BILL NOA02224
 
SAME ASSAME AS S05635
 
SPONSORO'Donnell (MS)
 
COSPNSRBing, Powell, Gottfried, Carrozza, Nolan
 
MLTSPNSRBoyland, Glick, Lifton, McEneny, Perry, Sweeney
 
Amd SS3216, 3221, 4304 & 4305, Ins L
 
Requires insurers providing family health insurance coverage to offer coverage for the domestic partner of an insured person according to qualification standards to be adopted by the superintendent.
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A02224 Actions:

BILL NOA02224
 
01/25/2005referred to insurance
02/09/2005reported
02/10/2005advanced to third reading cal.48
02/15/2005passed assembly
02/15/2005delivered to senate
02/15/2005REFERRED TO INSURANCE
01/04/2006DIED IN SENATE
01/04/2006RETURNED TO ASSEMBLY
01/04/2006committed to rules
01/17/2006reported
01/18/2006rules report cal.89
01/18/2006ordered to third reading rules cal.89
02/06/2006passed assembly
02/06/2006delivered to senate
02/06/2006REFERRED TO INSURANCE
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A02224 Floor Votes:

DATE:02/15/2005Assembly Vote  YEA/NAY: 108/30
Yes
Abbate
Yes
Christensen
Yes
Galef
Yes
Lavelle
Yes
O'Connell
Yes
Sayward
ER
Acampora
Yes
Clark
Yes
Gantt
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Cohen A
Yes
Gianaris
Yes
Lentol
No
O'Mara
No
Schimminger
ER
Arroyo
ER
Cohen M
Yes
Glick
Yes
Lifton
Yes
Ortiz
Yes
Schroeder
No
Aubertine
Yes
Colton
Yes
Gordon
Yes
Lopez
ER
Ortloff
Yes
Scozzafava
Yes
Aubry
Yes
Conte
Yes
Gottfried
Yes
Lupardo
Yes
Parment
Yes
Seddio
No
Bacalles
Yes
Cook
EL
Grannis
No
Magee
Yes
Paulin
No
Seminerio
No
Barclay
Yes
Crouch
ER
Green
Yes
Magnarelli
Yes
Peoples
Yes
Stephens
No
Barra
Yes
Cusick
Yes
Greene
Yes
Manning
Yes
Peralta
Yes
Stringer
No
Barraga
Yes
Cymbrowitz
Yes
Gunther
Yes
Markey
Yes
Perry
Yes
Sweeney
Yes
Benedetto
Yes
DelMonte
No
Hayes
Yes
Mayersohn
Yes
Pheffer
No
Tedisco
Yes
Benjamin
Yes
Destito
Yes
Heastie
No
McDonald
Yes
Powell
Yes
Thiele
Yes
Bing
Yes
Diaz LM
AB
Hikind
Yes
McDonough
Yes
Pretlow
Yes
Titus
Yes
Boyland
ER
Diaz R
ER
Hooker
Yes
McEneny
No
Quinn
Yes
Tokasz
Yes
Bradley
Yes
DiNapoli
Yes
Hooper
Yes
McLaughlin
No
Rabbitt
Yes
Tonko
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
Meng
Yes
Raia
Yes
Towns
Yes
Brodsky
Yes
Eddington
No
Ignizio
Yes
Miller
Yes
Ramos
No
Townsend
No
Brown
Yes
Englebright
Yes
Jacobs
Yes
Millman
No
Reilich
Yes
Weinstein
No
Burling
No
Errigo
EL
John
No
Mirones
Yes
Reilly
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Karben
Yes
Morelle
ER
Rivera J
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
Kirwan
No
Mosiello
Yes
Rivera N
No
Wirth
No
Calhoun
Yes
Ferrara
No
Kolb
No
Nesbitt
Yes
Rivera PM
Yes
Wright
Yes
Canestrari
Yes
Fields
Yes
Koon
Yes
Nolan
Yes
Robinson
No
Young
Yes
Carrozza
ER
Finch
Yes
Lafayette
Yes
Norman
Yes
Saladino
Yes
Zebrowski
No
Casale
Yes
Fitzpatrick
Yes
Latimer
No
Oaks
Yes
Sanders
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:02/06/2006Assembly Vote  YEA/NAY: 114/27
Yes
Abbate
Yes
Christensen
Yes
Gianaris
Yes
Lavelle
Yes
Ortiz
Yes
Scozzafava
Yes
Alessi
Yes
Clark
No
Giglio
Yes
Lavine
Yes
Ortloff
Yes
Seminerio
Yes
Alfano
Yes
Cohen
Yes
Glick
Yes
Lentol
Yes
Parment
Yes
Stephens
Yes
Arroyo
Yes
Colton
Yes
Gordon
Yes
Lifton
Yes
Paulin
Yes
Sweeney
No
Aubertine
Yes
Conte
Yes
Gottfried
Yes
Lopez
Yes
Peoples
No
Tedisco
Yes
Aubry
Yes
Cook
Yes
Grannis
Yes
Lupardo
Yes
Peralta
Yes
Thiele
No
Bacalles
Yes
Crouch
Yes
Green
No
Magee
Yes
Perry
Yes
Titus
No
Barclay
Yes
Cusick
Yes
Greene
Yes
Magnarelli
Yes
Pheffer
Yes
Tokasz
No
Barra
Yes
Cymbrowitz
Yes
Gunther
No
Manning
Yes
Powell
Yes
Tonko
Yes
Benedetto
Yes
DelMonte
No
Hayes
Yes
Markey
Yes
Pretlow
Yes
Towns
Yes
Benjamin
Yes
Destito
Yes
Heastie
Yes
Mayersohn
No
Quinn
No
Townsend
Yes
Bing
Yes
Diaz LM
Yes
Hevesi
No
McDonald
No
Rabbitt
Yes
Walker
Yes
Boyland
Yes
Diaz R
Yes
Hikind
Yes
McDonough
Yes
Raia
Yes
Weinstein
Yes
Bradley
Yes
DiNapoli
ER
Hooker
Yes
McEneny
Yes
Ramos
Yes
Weisenberg
Yes
Brennan
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
No
Reilich
Yes
Weprin
Yes
Brodsky
Yes
Eddington
Yes
Hoyt
Yes
Meng
Yes
Reilly
ER
Wirth
No
Brown
Yes
Englebright
No
Ignizio
Yes
Miller
Yes
Rivera J
Yes
Wright
No
Burling
No
Errigo
Yes
Jacobs
Yes
Millman
Yes
Rivera N
Yes
Zebrowski
No
Butler
Yes
Espaillat
Yes
John
No
Mirones
Yes
Rivera PM
Yes
Mr. Speaker
Yes
Cahill
Yes
Farrell
Yes
Karben
Yes
Morelle
Yes
Robinson
No
Calhoun
Yes
Fields
Yes
Kirwan
No
Mosiello
Yes
Saladino
Yes
Camara
No
Finch
No
Kolb
Yes
Nolan
Yes
Sayward
Yes
Canestrari
Yes
Fitzpatrick
Yes
Koon
No
Oaks
Yes
Scarborough
Yes
Carrozza
Yes
Galef
Yes
Lafayette
Yes
O'Donnell
No
Schimminger
Yes
Casale
ER
Gantt
Yes
Latimer
No
O'Mara
Yes
Schroeder

‡ Indicates voting via videoconference
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A02224 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2224
 
SPONSOR: O'Donnell (MS)
  TITLE OF BILL: An act to amend the insurance law, in relation to health insurance benefits for domestic partners   PURPOSE OR GENERAL IDEA OF BILL: When requested by an employer group or individual purchasing health coverage, a health plan shall provide health insurance coverage for domestic partners.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends section 3 of subsection (a) of section 3216 to revise the definition of the term "family" and adds a definition of the term "domestic partner." Section two requires the superintendent of insurance to promulgate regulations for the qualification of domestic partners under commercial health insurance policies issued to individ- uals. Such regulations shall include provisions to limit coverage to one domestic partner, provide coverage for children of domestic partners of the insured, and provide coverage for individuals who submit legal proofs of domestic partnership or similar relationships. It shall also provide for: allowing affidavits attesting to a domestic partnership to be submitted as proof of relationship, notification procedures for the termination of domestic partnerships, requirements for prior cohabi- tation, and acceptance of documents which are commonly accepted from married persons as proof of residence and financial interdependence. Sections three, four, and five make similar changes to health coverage issued by commercial insurers to groups, and to individual a1d group coverage issued by non-profit insurers and HMOs. Section six sets out the effective date.   JUSTIFICATION: Current law and regulations permit insurers, non-profit health plans and HMOs to offer health insurance coverage for domestic partners. Many insurers and health plans, however, refuse to provide domestic partner coverage to individuals and smaller employer groups. This legislation would allow employer groups and individuals to successfully request that their health plan provide benefits to qualified domestic partners. This legislation also puts in several safeguards to prevent abuse of the new domestic partnership provisions by requiring the New York State Super- intendent of Insurance to devise specific qualification standards for domestic partners. These standards include the types of proof required to demonstrate that a person is a qualified domestic partner and limit of one domestic partner per policy holder.   PRIOR LEGISLATIVE HISTORY: 2004 - a.11464 - Referred to Rules   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately, and requires the superintendent to promulgate the necessary regulations within 180 days.
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A02224 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2224
 
                               2005-2006 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2005
                                       ___________
 
        Introduced  by M. of A. O'DONNELL, STRINGER -- read once and referred to
          the Committee on Insurance
 
        AN ACT to amend the insurance law, in relation to health insurance bene-
          fits for domestic partners
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraph 3 of subsection (a) of section 3216 of the insur-
     2  ance law is amended and a new paragraph 5 is added to read as follows:
     3    (3)  "Family" may include husband, wife, domestic partner or dependent
     4  children, or any other person dependent upon the policyholder.
     5    (5) "Domestic partner" shall mean a person who with respect to another
     6  person:
     7    (A) is formally a party in a domestic partnership or similar relation-
     8  ship with the other person, entered into pursuant to  the  laws  of  the
     9  United  States or of any state, local or foreign jurisdiction, or regis-
    10  tered as the domestic partner of the  other  person  with  any  registry
    11  maintained  by  the employer of either party or any state, municipality,
    12  or foreign jurisdiction; or

    13    (B) is dependent or mutually interdependent on the  other  person  for
    14  support,  as evidenced by the totality of the circumstances indicating a
    15  mutual intent to be domestic partners  including  but  not  limited  to:
    16  common  ownership  or joint leasing of real or personal property; common
    17  householding, shared income or  shared  expenses;  children  in  common;
    18  signs  of  intent to marry or become domestic partners; or the length of
    19  the personal relationship of the persons.
    20    § 2. Paragraph 4 of subsection (c) of section 3216  of  the  insurance
    21  law is amended by adding a new subparagraph (D) to read as follows:
    22    (D)  The  superintendent  shall, within one hundred eighty days of the
    23  effective date of this subparagraph, provide for qualification standards

    24  for domestic partner benefits by regulation. Such regulations:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04691-01-5

        A. 2224                             2
 
     1    (i) shall prohibit the coverage of more than one domestic  partner  at
     2  the same time under a family contract, or coverage of a domestic partner
     3  of  an insured or certificate holder who is also married, or coverage as
     4  a domestic partner of anyone less than eighteen  years  of  age  or  any
     5  person  who  is  related  to  the other person by blood in a manner that
     6  would bar marriage to the other person in New York state;

     7    (ii) shall provide for the coverage of a dependent child of a domestic
     8  partner under the same terms and conditions as would apply to a  depend-
     9  ent child of the insured or certificate holder or spouse of such insured
    10  or certificate holder;
    11    (iii)  shall  include  a provision which deems as qualified any person
    12  who submits proof that he or she is formally a party to a domestic part-
    13  nership, or similar relationship,  entered  into  with  the  insured  or
    14  certificate  holder  pursuant to the laws of the United States or of any
    15  state, local or foreign jurisdiction;
    16    (iv) shall, as an alternative to clause (iii)  of  this  subparagraph,
    17  provide  for  other  means of demonstrating a domestic partner relation-

    18  ship, including but not  limited  to,  an  affidavit  attesting  to  the
    19  relationship;
    20    (v)  shall  provide  for reasonable procedures for notification of the
    21  corporation by the insured or certificate  holder  of  the  end  of  the
    22  domestic partner relationship;
    23    (vi)  may,  for  persons  who  are not deemed as qualified pursuant to
    24  clause (iii) or (iv) of this subparagraph, include provisions  requiring
    25  prior cohabitation of the insured or certificate holder and the domestic
    26  partner,  provided  that  such  period  of required cohabitation may not
    27  exceed six months; and
    28    (vii) may, for persons who are not deemed  as  qualified  pursuant  to
    29  clause  (iii)  or  (iv)  of this subparagraph, require the submission of

    30  reasonable documentation of residence and financial  interdependence  of
    31  the kind commonly available to married persons including, but not limit-
    32  ed  to, income tax returns, passports, drivers' licenses, utility bills,
    33  leases, deeds,  joint  banking  and  credit  card  accounts,  retirement
    34  accounts and insurance policies and benefit statements.
    35    §  3.  Section  3221 of the insurance law is amended by adding two new
    36  subsections (r) and (s) to read as follows:
    37    (r) A group policy providing hospital,  surgical  or  medical  expense
    38  insurance  other  than accident only to a family member of the policy or
    39  certificate holder must, if requested by the policyholder,  make  avail-
    40  able  and,  if  requested  by the insured or certificate holder, provide

    41  coverage for the domestic partner of the insured or certificate  holder.
    42  For the purposes of this section, "domestic partner" shall mean a person
    43  who with respect to another person:
    44    (1) is formally a party in a domestic partnership or similar relation-
    45  ship  with  the  other  person, entered into pursuant to the laws of the
    46  United States or of any state, local or foreign jurisdiction, or  regis-
    47  tered  as  the  domestic  partner  of the other person with any registry
    48  maintained by the employer of either party or any  state,  municipality,
    49  or foreign jurisdiction; or
    50    (2)  is  dependent  or mutually interdependent on the other person for
    51  support, as evidenced by the totality of the circumstances indicating  a

    52  mutual  intent  to  be  domestic  partners including but not limited to:
    53  common ownership or joint leasing of real or personal  property;  common
    54  householding,  shared  income  or  shared  expenses; children in common;
    55  signs of intent to marry or become domestic partners or  the  length  of
    56  the personal relationship of the persons.

        A. 2224                             3
 
     1    (s)  The  superintendent  shall, within one hundred eighty days of the
     2  effective date of this subsection, provide for  qualification  standards
     3  for domestic partner benefits by regulation.  Such regulations:
     4    (1)  shall  prohibit the coverage of more than one domestic partner at
     5  the same time under a family contract, or coverage of a domestic partner

     6  of an insured or certificate holder who is also married, or coverage  as
     7  a  domestic  partner  of  anyone  less than eighteen years of age or any
     8  person who is related to the other person by  blood  in  a  manner  that
     9  would bar marriage to the other person in New York state;
    10    (2)  shall provide for the coverage of a dependent child of a domestic
    11  partner under the same terms and conditions as would apply to a  depend-
    12  ent child of the insured or certificate holder or spouse of such insured
    13  or certificate holder;
    14    (3)  shall include a provision which deems as qualified any person who
    15  submits proof that he or she is formally a party to a domestic  partner-
    16  ship,  or similar relationship, entered into with the insured or certif-

    17  icate holder pursuant to the laws of the United States, or of any state,
    18  local or foreign jurisdiction;
    19    (4) shall, as an alternative to paragraph three  of  this  subsection,
    20  provide  for  other  means of demonstrating a domestic partner relation-
    21  ship, including but not  limited  to,  an  affidavit  attesting  to  the
    22  relationship;
    23    (5)  shall  provide  for reasonable procedures for notification of the
    24  insurer by the insured or certificate holder of the end of the  domestic
    25  partner relationship;
    26    (6)  may,  for  persons  not deemed as qualified pursuant to paragraph
    27  three or four of this subsection,  include  provisions  requiring  prior
    28  cohabitation of the insured or certificate holder and the domestic part-

    29  ner,  provided  that such period of required cohabitation may not exceed
    30  six months; and
    31    (7) may, for persons not deemed as  qualified  pursuant  to  paragraph
    32  three  or  four of this subsection, require the submission of reasonable
    33  documentation of residence and financial  interdependence  of  the  kind
    34  commonly  available  to  married  persons including, but not limited to,
    35  income tax returns, passports, drivers' licenses, utility bills, leases,
    36  deeds, joint banking and credit card accounts, retirement  accounts  and
    37  insurance policies and benefit statements.
    38    §  4.  Paragraph  1 of subsection (d) of section 4304 of the insurance
    39  law, as amended by chapter 312 of the laws of 2002, is amended  and  two
    40  new paragraphs 4 and 5 are added to read as follows:

    41    (1)  No  contract  issued  pursuant to this section shall entitle more
    42  than one person to benefits except that a contract issued and marked  as
    43  a  "family  contract"  may  provide that benefits will be furnished to a
    44  husband and wife, or husband, wife or domestic partner and their depend-
    45  ent child or children, or any child or children not over nineteen  years
    46  of  age, provided that an unmarried student at an accredited institution
    47  of learning may be considered a dependent until he or she becomes  twen-
    48  ty-three  years  of age, and provided also that the coverage of any such
    49  "family contract" shall include any other unmarried child, regardless of
    50  age, who is incapable of self-sustaining employment by reason of  mental
    51  illness, developmental disability, mental retardation, as defined in the
    52  mental  hygiene  law,  or  physical handicap and who became so incapable

    53  prior to attainment of the age at which dependent coverage would  other-
    54  wise  terminate,  so  that  such  child  may  be considered a dependent.
    55  Notwithstanding any rule, regulation or law to the contrary, any "family
    56  contract" shall provide that  coverage  of  newborn  infants,  including

        A. 2224                             4
 
     1  newly  born infants adopted by the insured or subscriber if such insured
     2  or subscriber takes physical custody of the infant  upon  such  infant's
     3  release  from  the hospital and files a petition pursuant to section one
     4  hundred  fifteen-c  of  the domestic relations law within thirty days of
     5  birth; and provided further that no notice of revocation to the adoption
     6  has been filed pursuant to section one hundred fifteen-b of the domestic
     7  relations law and consent to the adoption has not been revoked, shall be

     8  effective from the moment of birth for injury or sickness including  the
     9  necessary  care  and treatment of medically diagnosed congenital defects
    10  and birth abnormalities including premature birth, except that in  cases
    11  of adoption, coverage of the initial hospital stay shall not be required
    12  where  a  birth parent has insurance coverage available for the infant's
    13  care. This provision regarding coverage of  newborn  infants  shall  not
    14  apply  to  two  person coverage. In the case of individual or two person
    15  coverages the corporation must also permit the person to whom the policy
    16  is issued to elect such coverage of newborn infants from the  moment  of
    17  birth.  If  notification  and/or  payment  of  an  additional premium or
    18  contribution is required  to  make  coverage  effective  for  a  newborn
    19  infant, the coverage may provide that such notice and/or payment be made

    20  within  no  less  than  thirty days of the day of birth to make coverage
    21  effective from the moment of birth. This election shall not be  required
    22  in  the  case  of student insurance or where the group remitting agent's
    23  plan does not provide coverage for dependent children.
    24    (4) A hospital service corporation or health service corporation which
    25  provides a "family contract" to  an  individual  or  a  group  must,  if
    26  requested  by  the policyholder, make available and, if requested by the
    27  insured or certificate holder, provide coverage for the domestic partner
    28  of the insured or certificate holder. For the purposes of this  section,
    29  "domestic  partner"  shall  mean  a  person  who with respect to another
    30  person:

    31    (A) is formally a party in a domestic partnership or similar relation-
    32  ship with the other person, entered into pursuant to  the  laws  of  the
    33  United  States or of any state, local or foreign jurisdiction, or regis-
    34  tered as the domestic partner of the  other  person  with  any  registry
    35  maintained  by  the employer of either party or any state, municipality,
    36  or foreign jurisdiction; or
    37    (B) is dependent or mutually interdependent on the  other  person  for
    38  support,  as evidenced by the totality of the circumstances indicating a
    39  mutual intent to be domestic partners  including  but  not  limited  to:
    40  common  ownership  or joint leasing of real or personal property; common
    41  householding, shared income or  shared  expenses;  children  in  common;

    42  signs  of  intent to marry or become domestic partners; or the length of
    43  the personal relationship of the persons.
    44    (5) The superintendent shall, within one hundred eighty  days  of  the
    45  effective  date  of  this paragraph, provide for qualification standards
    46  for domestic partner benefits by regulation. Such regulation:
    47    (A) shall prohibit the coverage of more than one domestic  partner  at
    48  the same time under a family contract, or coverage of a domestic partner
    49  of  an insured or certificate holder who is also married, or coverage as
    50  a domestic partner of anyone less than eighteen  years  of  age  or  any
    51  person  who  is  related  to  the other person by blood in a manner that
    52  would bar marriage to the other person in New York state;

    53    (B) shall provide for the coverage of a dependent child of a  domestic
    54  partner  under the same terms and conditions as would apply to a depend-
    55  ent child of the insured or certificate holder or spouse of such insured
    56  or certificate holder;

        A. 2224                             5
 
     1    (C) shall include a provision which deems as qualified any person  who
     2  submits  proof that he or she is formally a party to a domestic partner-
     3  ship, or similar relationship, entered into with the insured or  certif-
     4  icate  holder pursuant to the laws of the United States or of any state,
     5  local or foreign jurisdiction;
     6    (D)  shall,  as  an alternative to subparagraph (C) of this paragraph,

     7  provide for other means of demonstrating a domestic partner relationship
     8  including, but not limited to, an affidavit attesting to  the  relation-
     9  ship;
    10    (E)  shall  provide  for reasonable procedures for notification of the
    11  corporation by the insured or certificate  holder  of  the  end  of  the
    12  domestic partner relationship;
    13    (F)  may, for persons not deemed as qualified pursuant to subparagraph
    14  (C) or (D) of this paragraph, include provisions requiring prior cohabi-
    15  tation of the insured or certificate holder and  the  domestic  partner,
    16  provided  that  such  period of required cohabitation may not exceed six
    17  months; and
    18    (G) may, for persons not deemed as qualified pursuant to  subparagraph

    19  (C)  or  (D)  of  this  paragraph,  require the submission of reasonable
    20  documentation of residence and financial  interdependence  of  the  kind
    21  commonly  available  to  married  persons including, but not limited to,
    22  income tax returns, passports, drivers' licenses, utility bills, leases,
    23  deeds, joint banking and credit card accounts, retirement  accounts  and
    24  insurance policies and benefit statements.
    25    §  5.  Paragraph  1 of subsection (c) of section 4305 of the insurance
    26  law, as amended by chapter 312 of the laws of 2002, is amended  and  two
    27  new paragraphs 3 and 4 are added to read as follows:
    28    (1) Any such contract may provide that benefits will be furnished to a
    29  member  of  a  covered group, for [himself, his spouse, his] such member

    30  and the spouse, domestic partner, child or children of such  member,  or
    31  other  persons chiefly dependent upon him or her for support and mainte-
    32  nance; provided that a contract under which coverage of a dependent of a
    33  member terminates at a specified age shall, with respect to an unmarried
    34  child who is incapable of self-sustaining employment by reason of mental
    35  illness, developmental disability, mental retardation, as defined in the
    36  mental hygiene law, or physical handicap and  who  became  so  incapable
    37  prior  to attainment of the age at which dependent coverage would other-
    38  wise terminate and who is chiefly dependent upon such member for support
    39  and maintenance, not so terminate while the contract  remains  in  force
    40  and  the  dependent  remains in such condition, if the member has within

    41  thirty-one days of such dependent's attainment of  the  termination  age
    42  submitted  proof  of  such  dependent's  incapacity as described herein.
    43  Notwithstanding any  rule,  regulation  or  law  to  the  contrary,  any
    44  contract  under which a member elects coverage for [himself, his spouse,
    45  his] such member and the spouse, domestic  partner,  children  or  other
    46  persons  chiefly  dependent  upon him or her for support and maintenance
    47  shall provide that coverage of newborn  infants,  including  newly  born
    48  infants  adopted  by  the  insured  or  subscriber  if  such  insured or
    49  subscriber takes physical custody  of  the  infant  upon  such  infant's
    50  release  from  the hospital and files a petition pursuant to section one
    51  hundred fifteen-c of the domestic relations law within  thirty  days  of

    52  birth; and provided further that no notice of revocation to the adoption
    53  has been filed pursuant to section one hundred fifteen-b of the domestic
    54  relations law and consent to the adoption has not been revoked, shall be
    55  effective  from the moment of birth for injury or sickness including the
    56  necessary care and treatment of medically diagnosed  congenital  defects

        A. 2224                             6
 
     1  and  birth abnormalities including premature birth, except that in cases
     2  of adoption, coverage of the initial hospital stay shall not be required
     3  where a birth parent has insurance coverage available for  the  infant's
     4  care.  This  provision  regarding  coverage of newborn infants shall not
     5  apply to two person coverage. In the case of individual  or  two  person
     6  coverages  the  corporation  must  also  permit  the  person to whom the

     7  certificate is issued to elect such coverage of newborn infants from the
     8  moment of birth. If notification and/or payment of an additional premium
     9  or contribution is required to make coverage  effective  for  a  newborn
    10  infant, the coverage may provide that such notice and/or payment be made
    11  within  no  less  than  thirty days of the day of birth to make coverage
    12  effective from the moment of birth.  This election shall not be required
    13  in the case of student insurance or where  the  group's  plan  does  not
    14  provide coverage for dependent children.
    15    (3) A hospital service corporation or health service corporation which
    16  provides  a  "family  contract"  to  an  individual  or a group must, if
    17  requested by the policyholder, make available and, if requested  by  the
    18  insured or certificate holder, provide coverage for the domestic partner

    19  of  the insured or certificate holder. For the purposes of this section,
    20  "domestic partner" shall mean a  person  who  with  respect  to  another
    21  person:
    22    (A) is formally a party in a domestic partnership or similar relation-
    23  ship  with  the  other  person, entered into pursuant to the laws of the
    24  United States or of any state, local or foreign jurisdiction, or  regis-
    25  tered  as  the  domestic  partner  of the other person with any registry
    26  maintained by the employer of either party or any  state,  municipality,
    27  or foreign jurisdiction; or
    28    (B)  is  dependent  or mutually interdependent on the other person for
    29  support, as evidenced by the totality of the circumstances indicating  a

    30  mutual  intent  to  be  domestic  partners including but not limited to:
    31  common ownership or joint leasing of real or personal  property;  common
    32  householding,  shared  income  or  shared  expenses; children in common;
    33  signs of intent to marry or become domestic partners; or the  length  of
    34  the personal relationship of the persons.
    35    (4)  The  superintendent  shall, within one hundred eighty days of the
    36  effective date of this paragraph, provide  for  qualification  standards
    37  for domestic partner benefits by regulation. Such regulations:
    38    (A)  shall  prohibit the coverage of more than one domestic partner at
    39  the same time under a family contract, or coverage of a domestic partner

    40  of an insured or certificate holder who is also married, or coverage  as
    41  a  domestic  partner  of  anyone  less than eighteen years of age or any
    42  person who is related to the other person by  blood  in  a  manner  that
    43  would bar marriage to the other person in New York state;
    44    (B)  shall provide for the coverage of a dependent child of a domestic
    45  partner under the same terms and conditions as would apply to a  depend-
    46  ent child of the insured or certificate holder or spouse of such insured
    47  or certificate holder;
    48    (C)  shall include a provision which deems as qualified any person who
    49  submits proof that he or she is formally a party to a domestic  partner-
    50  ship,  or similar relationship, entered into with the insured or certif-

    51  icate holder pursuant to the laws of the United States, or of any state,
    52  local or foreign jurisdiction;
    53    (D) shall, as an alternative to subparagraph (C)  of  this  paragraph,
    54  provide  for  other  means of demonstrating a domestic partner relation-
    55  ship, including but not  limited  to,  an  affidavit  attesting  to  the
    56  relationship;

        A. 2224                             7
 
     1    (E)  shall  provide  for reasonable procedures for notification of the
     2  corporation by the insured or certificate  holder  of  the  end  of  the
     3  domestic partner relationship;
     4    (F)  may, for persons not deemed as qualified pursuant to subparagraph
     5  (C) or (D) of this paragraph, include provisions requiring prior cohabi-

     6  tation of the insured or certificate holder and  the  domestic  partner,
     7  provided  that  such  period of required cohabitation may not exceed six
     8  months; and
     9    (G) may, for persons not deemed as qualified pursuant to  subparagraph
    10  (C)  or  (D)  of  this  paragraph,  require the submission of reasonable
    11  documentation of residence and financial  interdependence  of  the  kind
    12  commonly  available  to  married  persons including, but not limited to,
    13  income tax returns, passports, drivers' licenses, utility bills, leases,
    14  deeds, joint banking and credit care accounts, retirement  accounts  and
    15  insurance policies and benefit statements.
    16    § 6. This act shall take effect immediately.
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