A02224 Summary:
BILL NO | A02224 |
  | |
SAME AS | SAME AS S05635 |
  | |
SPONSOR | O'Donnell (MS) |
  | |
COSPNSR | Bing, Powell, Gottfried, Carrozza, Nolan |
  | |
MLTSPNSR | Boyland, 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. |
A02224 Actions:
BILL NO | A02224 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2005 | referred to insurance | |||||||||||||||||||||||||||||||||||||||||||||||||
02/09/2005 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/10/2005 | advanced to third reading cal.48 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2005 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2005 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2005 | REFERRED TO INSURANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/04/2006 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/04/2006 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/04/2006 | committed to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2006 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2006 | rules report cal.89 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2006 | ordered to third reading rules cal.89 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2006 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2006 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/06/2006 | REFERRED TO INSURANCE |
A02224 Floor Votes:
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
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
A02224 Memo:
Go to topNEW 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.
A02224 Text:
Go to top 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. LBD04691-01-5A. 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, includingA. 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,45his] 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 defectsA. 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.