A02368 Summary:

BILL NOA02368B
 
SAME ASSAME AS S00960-B
 
SPONSORO'Donnell (MS)
 
COSPNSRBing, Powell, Gottfried, Kavanagh, Rosenthal, Millman, Heastie
 
MLTSPNSRGlick, Hoyt, Kellner, Lifton, McEneny, Perry, Pheffer, 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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A02368 Actions:

BILL NOA02368B
 
01/15/2009referred to insurance
05/08/2009amend and recommit to insurance
05/08/2009print number 2368a
06/03/2009reported referred to rules
06/08/2009reported
06/08/2009rules report cal.84
06/08/2009ordered to third reading rules cal.84
06/15/2009passed assembly
06/16/2009delivered to senate
06/15/2009REFERRED TO RULES
01/06/2010DIED IN SENATE
01/06/2010RETURNED TO ASSEMBLY
01/06/2010ordered to third reading cal.202
01/19/2010amended on third reading 2368b
01/19/2010committed to insurance
02/23/2010reported
02/25/2010advanced to third reading cal.686
03/15/2010passed assembly
03/15/2010delivered to senate
03/15/2010REFERRED TO INSURANCE
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A02368 Floor Votes:

DATE:06/15/2009Assembly Vote  YEA/NAY: 125/17
Yes
Abbate
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
No
Oaks
Yes
Sayward
Yes
Alessi
Yes
Carrozza
Yes
Gabryszak
No
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
ER
Castro
Yes
Galef
Yes
Koon
Yes
O'Mara
Yes
Schimel
No
Amedore
Yes
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
No
Schimminger
Yes
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
Yes
Parment
Yes
Schroeder
Yes
Aubry
Yes
Colton
Yes
Gibson
Yes
Lavine
Yes
Paulin
Yes
Scozzafava
Yes
Bacalles
Yes
Conte
No
Giglio
Yes
Lentol
Yes
Peoples
Yes
Seminerio
Yes
Ball
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Peralta
Yes
Skartados
Yes
Barclay
No
Corwin
Yes
Gordon
No
Lopez PD
Yes
Perry
Yes
Spano
Yes
Barra
Yes
Crespo
Yes
Gottfried
ER
Lopez VJ
Yes
Pheffer
Yes
Stirpe
ER
Barron
Yes
Crouch
Yes
Gunther
Yes
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hawley
Yes
Magee
Yes
Pretlow
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
No
Hayes
Yes
Magnarelli
Yes
Quinn
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Heastie
Yes
Maisel
No
Rabbitt
Yes
Titone
ER
Boyland
Yes
DenDekker
Yes
Hevesi
Yes
Markey
Yes
Raia
ER
Titus
Yes
Boyle
Yes
Destito
Yes
Hikind
Yes
Mayersohn
Yes
Ramos
Yes
Tobacco
Yes
Bradley
Yes
Dinowitz
ER
Hooper
Yes
McDonough
Yes
Reilich
Yes
Towns
Yes
Brennan
Yes
Duprey
Yes
Hoyt
Yes
McEneny
Yes
Reilly
No
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
Yes
McKevitt
Yes
Rivera J
Yes
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Rivera N
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
Yes
Miller
Yes
Rivera PM
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
ER
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Molinaro
Yes
Rosenthal
Yes
Wright
No
Calhoun
Yes
Fields
Yes
Jordan
Yes
Morelle
Yes
Russell
Yes
Zebrowski
Yes
Camara
ER
Finch
Yes
Kavanagh
Yes
Nolan
Yes
Saladino
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:03/15/2010Assembly Vote  YEA/NAY: 119/20
Yes
Abbate
Yes
Carrozza
Yes
Gabryszak
No
Kolb
No
Murray
Yes
Russell
Yes
Alessi
Yes
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
Yes
Saladino
Yes
Alfano
Yes
Castro
ER
Gantt
Yes
Lancman
No
Oaks
Yes
Sayward
No
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Scarborough
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
Yes
O'Mara
Yes
Schimel
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
No
Schimminger
Yes
Bacalles
Yes
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Schroeder
Yes
Ball
Yes
Cook
Yes
Gordon
No
Lopez PD
Yes
Paulin
ER
Scozzafava
No
Barclay
No
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
Yes
Skartados
Yes
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
ER
Peralta
Yes
Spano
Yes
Barron
Yes
Crouch
No
Hawley
No
Magee
Yes
Perry
Yes
Stirpe
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Pheffer
Yes
Sweeney
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
ER
Powell
No
Tedisco
ER
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
Yes
Pretlow
Yes
Thiele
ER
Boyland
Yes
DenDekker
Yes
Hikind
ER
Mayersohn
Yes
Quinn
Yes
Titone
Yes
Boyle
Yes
Destito
Yes
Hooper
Yes
McDonough
No
Rabbitt
Yes
Titus
ER
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Raia
Yes
Tobacco
Yes
Brodsky
Yes
Duprey
Yes
Hyer Spencer
Yes
McKevitt
ER
Ramos
Yes
Towns
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilich
No
Townsend
No
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller JM
Yes
Reilly
Yes
Weinstein
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
Yes
Rivera J
Yes
Weisenberg
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
ER
Rivera N
Yes
Weprin
No
Calhoun
Yes
Fields
Yes
Jordan
Yes
Molinaro
Yes
Rivera PM
Yes
Wright
Yes
Camara
No
Finch
Yes
Kavanagh
Yes
Montesano
ER
Robinson
Yes
Zebrowski
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Rosenthal
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A02368 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2368B
 
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: This bill would require a health plan to provide health insurance coverage for domestic partners, when such coverage is requested by an employer group or individual purchasing health insurance, but does not impose any mandates on employers.   SUMMARY OF SPECIFIC PROVISIONS: Sections one and two of the bill amend Insurance Law §3216, which governs individual accident and health insurance policies. Section one of the bill amends paragraph 3 of subsection (a) by revising the definition of family and adding a defi- nition of domestic partner. Section two of the bill requires the super- intendent of insurance to promulgate regulations that establish quali- fication standards for domestic partners under commercial health insurance policies issued to individuals. Such regulations shall limit coverage to one domestic partner and provide coverage for children of domestic partners of the insured. The regulations shall also provide for various forms of proof of domestic partnership as well as notification procedures to the insurer of the termination of a domestic partnership. Sections 3, 4, and 5 of the bill make similar changes to Insurance law §§ 3221, 4304, and 4305 with respect to health coverage policies issued by commercial insurers to groups, and to individual and group coverage issued by non-profit insurers and HMOs. Section 6 of the bill is the effective date. The A-print corrected a typographical error. The B-print makes technical amendments to reflect, and conform to, legislation that chaptered in 2009.   JUSTIFICATION: Current law and regulations permit insurers, non-pro- fit health plans and HMOs to offer health insurance coverage for domes- tic 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 quali- fied domestic partners. The bill does not impose any mandates on employ- ers. This legislation also includes safeguards to prevent abuse of the new domestic partnership provisions by requiring qualification standards for domestic partners and prohibiting coverage of more than one domestic partner at the same time.   PRIOR LEGISLATIVE HISTORY: A.3251-A/S.3873 (2007-08: passed Assembly both years; technical amendment made in the Assembly in 2008 but not in the Senate); A.22241S.5635 (2005-06; passed Assembly both years); Al 1464 (2004; passed Assembly).   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02368 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2368--B
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2009
                                       ___________
 
        Introduced  by  M.  of  A. O'DONNELL, BING, POWELL, GOTTFRIED, KAVANAGH,
          ROSENTHAL -- Multi-Sponsored by -- M.  of  A.  GLICK,  HOYT,  KELLNER,
          LIFTON,  McENENY, PERRY, PHEFFER, SWEENEY -- read once and referred to
          the Committee on Insurance  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --

          reported from committee, advanced to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00041-06-0

        A. 2368--B                          2
 
     1    §  2.  Paragraph  4 of subsection (c) of section 3216 of the insurance
     2  law is amended by adding a new subparagraph (D) to read as follows:
     3    (D)  The  superintendent  shall, within one hundred eighty days of the
     4  effective date of this subparagraph, provide for qualification standards
     5  for domestic partner benefits by regulation. Such regulations:
     6    (i) shall prohibit the coverage of more than one domestic  partner  at

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

    18  nership, or similar relationship,  entered  into  with  the  insured  or
    19  certificate  holder  pursuant to the laws of the United States or of any
    20  state, local or foreign jurisdiction;
    21    (iv) shall, as an alternative to clause (iii)  of  this  subparagraph,
    22  provide for other means of demonstrating a domestic partner relationship
    23  including,  but  not limited to, an affidavit attesting to the relation-
    24  ship;
    25    (v) shall provide for reasonable procedures for  notification  of  the
    26  corporation  by  the  insured  or  certificate  holder of the end of the
    27  domestic partner relationship;
    28    (vi) may, for persons who are not  deemed  as  qualified  pursuant  to
    29  clause  (iii) or (iv) of this subparagraph, include provisions requiring

    30  prior cohabitation of the insured or certificate holder and the domestic
    31  partner, provided that such period  of  required  cohabitation  may  not
    32  exceed six months; and
    33    (vii)  may,  for  persons  who are not deemed as qualified pursuant to
    34  clause (iii) or (iv) of this subparagraph,  require  the  submission  of
    35  reasonable  documentation  of residence and financial interdependence of
    36  the kind commonly available to married persons including, but not limit-
    37  ed to, income tax returns, passports, drivers' licenses, utility  bills,
    38  leases,  deeds,  joint  banking  and  credit  card  accounts, retirement
    39  accounts and insurance policies and benefit statements.
    40    § 3. Section 3221 of the insurance law is amended by  adding  two  new

    41  subsections (s) and (t) to read as follows:
    42    (s)  A  group  policy  providing hospital, surgical or medical expense
    43  insurance other than accident only to a family member of the  policy  or
    44  certificate  holder  must, if requested by the policyholder, make avail-
    45  able and, if requested by the insured  or  certificate  holder,  provide
    46  coverage  for the domestic partner of the insured or certificate holder.
    47  For the purposes of this section, "domestic partner" shall mean a person
    48  who with respect to another person:
    49    (1) is formally a party in a domestic partnership or similar relation-
    50  ship with the other person, entered into pursuant to  the  laws  of  the
    51  United  States or of any state, local or foreign jurisdiction, or regis-

    52  tered as the domestic partner of the  other  person  with  any  registry
    53  maintained  by  the employer of either party or any state, municipality,
    54  or foreign jurisdiction; or
    55    (2) is dependent or mutually interdependent on the  other  person  for
    56  support,  as evidenced by the totality of the circumstances indicating a

        A. 2368--B                          3
 
     1  mutual intent to be domestic partners  including  but  not  limited  to:
     2  common  ownership  or joint leasing of real or personal property; common
     3  householding, shared income or  shared  expenses;  children  in  common;
     4  signs  of  intent  to marry or become domestic partners or the length of
     5  the personal relationship of the persons.

     6    (t) The superintendent shall, within one hundred eighty  days  of  the
     7  effective  date  of this subsection, provide for qualification standards
     8  for domestic partner benefits by regulation.  Such regulations:
     9    (1) shall prohibit the coverage of more than one domestic  partner  at
    10  the same time under a family contract, or coverage of a domestic partner
    11  of  an insured or certificate holder who is also married, or coverage as
    12  a domestic partner of anyone less than eighteen  years  of  age  or  any
    13  person  who  is  related  to  the other person by blood in a manner that
    14  would bar marriage to the other person in New York state;
    15    (2) shall provide for the coverage of a dependent child of a  domestic

    16  partner  under the same terms and conditions as would apply to a depend-
    17  ent child of the insured or certificate holder or spouse of such insured
    18  or certificate holder;
    19    (3) shall include a provision which deems as qualified any person  who
    20  submits  proof that he or she is formally a party to a domestic partner-
    21  ship, or similar relationship, entered into with the insured or  certif-
    22  icate holder pursuant to the laws of the United States, or of any state,
    23  local or foreign jurisdiction;
    24    (4)  shall,  as  an alternative to paragraph three of this subsection,
    25  provide for other means of demonstrating a domestic partner relationship
    26  including, but not limited to, an affidavit attesting to  the  relation-
    27  ship;

    28    (5)  shall  provide  for reasonable procedures for notification of the
    29  insurer by the insured or certificate holder of the end of the  domestic
    30  partner relationship;
    31    (6)  may,  for  persons  not deemed as qualified pursuant to paragraph
    32  three or four of this subsection,  include  provisions  requiring  prior
    33  cohabitation of the insured or certificate holder and the domestic part-
    34  ner,  provided  that such period of required cohabitation may not exceed
    35  six months; and
    36    (7) may, for persons not deemed as  qualified  pursuant  to  paragraph
    37  three  or  four of this subsection, require the submission of reasonable
    38  documentation of residence and financial  interdependence  of  the  kind

    39  commonly  available  to  married  persons including, but not limited to,
    40  income tax returns, passports, drivers' licenses, utility bills, leases,
    41  deeds, joint banking and credit card accounts, retirement  accounts  and
    42  insurance policies and benefit statements.
    43    § 4. Subparagraph (A) of paragraph 1 of subsection (d) of section 4304
    44  of  the insurance law, as amended by chapter 240 of the laws of 2009, is
    45  amended and two new paragraphs 4 and 5 are added to read as follows:
    46    (A) No contract issued pursuant to this  section  shall  entitle  more
    47  than  one person to benefits except that a contract issued and marked as
    48  a "family contract" may provide that benefits will  be  furnished  to  a
    49  husband and wife, or husband, wife or domestic partner and their depend-

    50  ent  child or children, or any child or children not over nineteen years
    51  of age, provided that an unmarried student at an accredited  institution
    52  of  learning may be considered a dependent until he or she becomes twen-
    53  ty-three years of age, provided that the coverage of  any  such  "family
    54  contract" may include, at the option of the insurer, any unmarried child
    55  until  attaining age twenty-five, and provided also that the coverage of
    56  any such "family contract" shall  include  any  other  unmarried  child,

        A. 2368--B                          4
 
     1  regardless  of  age,  who  is incapable of self-sustaining employment by
     2  reason of mental illness, developmental disability, mental  retardation,
     3  as  defined  in  the  mental  hygiene  law, or physical handicap and who
     4  became  so  incapable  prior to attainment of the age at which dependent

     5  coverage would otherwise terminate, so that such child may be considered
     6  a dependent.
     7    (4) A hospital service corporation or health service corporation which
     8  provides a "family contract" to  an  individual  or  a  group  must,  if
     9  requested  by  the policyholder, make available and, if requested by the
    10  insured or certificate holder, provide coverage for the domestic partner
    11  of the insured or certificate holder. For the purposes of this  section,
    12  "domestic  partner"  shall  mean  a  person  who with respect to another
    13  person:
    14    (A) is formally a party in a domestic partnership or similar relation-
    15  ship with the other person, entered into pursuant to  the  laws  of  the
    16  United  States or of any state, local or foreign jurisdiction, or regis-

    17  tered as the domestic partner of the  other  person  with  any  registry
    18  maintained  by  the employer of either party or any state, municipality,
    19  or foreign jurisdiction; or
    20    (B) is dependent or mutually interdependent on the  other  person  for
    21  support,  as evidenced by the totality of the circumstances indicating a
    22  mutual intent to be domestic partners  including  but  not  limited  to:
    23  common  ownership  or joint leasing of real or personal property; common
    24  householding, shared income or  shared  expenses;  children  in  common;
    25  signs  of  intent to marry or become domestic partners; or the length of
    26  the personal relationship of the persons.
    27    (5) The superintendent shall, within one hundred eighty  days  of  the

    28  effective  date  of  this paragraph, provide for qualification standards
    29  for domestic partner benefits by regulation. Such regulation:
    30    (A) shall prohibit the coverage of more than one domestic  partner  at
    31  the same time under a family contract, or coverage of a domestic partner
    32  of  an insured or certificate holder who is also married, or coverage as
    33  a domestic partner of anyone less than eighteen  years  of  age  or  any
    34  person  who  is  related  to  the other person by blood in a manner that
    35  would bar marriage to the other person in New York state;
    36    (B) shall provide for the coverage of a dependent child of a  domestic
    37  partner  under the same terms and conditions as would apply to a depend-

    38  ent child of the insured or certificate holder or spouse of such insured
    39  or certificate holder;
    40    (C) shall include a provision which deems as qualified any person  who
    41  submits  proof that he or she is formally a party to a domestic partner-
    42  ship, or similar relationship, entered into with the insured or  certif-
    43  icate  holder pursuant to the laws of the United States or of any state,
    44  local or foreign jurisdiction;
    45    (D) shall, as an alternative to subparagraph (C)  of  this  paragraph,
    46  provide for other means of demonstrating a domestic partner relationship
    47  including,  but  not limited to, an affidavit attesting to the relation-
    48  ship;
    49    (E) shall provide for reasonable procedures for  notification  of  the

    50  corporation  by  the  insured  or  certificate  holder of the end of the
    51  domestic partner relationship;
    52    (F) may, for persons not deemed as qualified pursuant to  subparagraph
    53  (C) or (D) of this paragraph, include provisions requiring prior cohabi-
    54  tation  of  the  insured or certificate holder and the domestic partner,
    55  provided that such period of required cohabitation may  not  exceed  six
    56  months; and

        A. 2368--B                          5
 
     1    (G)  may, for persons not deemed as qualified pursuant to subparagraph
     2  (C) or (D) of this  paragraph,  require  the  submission  of  reasonable
     3  documentation  of  residence  and  financial interdependence of the kind

     4  commonly available to married persons including,  but  not  limited  to,
     5  income tax returns, passports, drivers' licenses, utility bills, leases,
     6  deeds,  joint  banking and credit card accounts, retirement accounts and
     7  insurance policies and benefit statements.
     8    § 5. Subparagraphs (A) and (C) of paragraph 1  of  subsection  (c)  of
     9  section 4305 of the insurance law, as amended by chapter 240 of the laws
    10  of 2009, are amended and two new paragraphs 3 and 4 are added to read as
    11  follows:
    12    (A) Any such contract may provide that benefits will be furnished to a
    13  member  of  a  covered group, for [himself, his spouse, his] such member
    14  and the spouse, domestic partner, child or children of such  member,  or

    15  other  persons chiefly dependent upon him or her for support and mainte-
    16  nance; provided that a contract under which coverage of a dependent of a
    17  member terminates at a specified age shall, with respect to an unmarried
    18  child who is incapable of self-sustaining employment by reason of mental
    19  illness, developmental disability, mental retardation, as defined in the
    20  mental hygiene law, or physical handicap and  who  became  so  incapable
    21  prior  to attainment of the age at which dependent coverage would other-
    22  wise terminate and who is chiefly dependent upon such member for support
    23  and maintenance, not so terminate while the contract  remains  in  force
    24  and  the  dependent  remains in such condition, if the member has within
    25  thirty-one days of such dependent's attainment of  the  termination  age
    26  submitted proof of such dependent's incapacity as described herein.

    27    (C)  Notwithstanding  any rule, regulation or law to the contrary, any
    28  contract under which a member elects coverage for [himself, his  spouse,
    29  his]  such  member  and  the spouse, domestic partner, children or other
    30  persons chiefly dependent upon him or her for  support  and  maintenance
    31  shall  provide  that  coverage  of newborn infants, including newly born
    32  infants adopted  by  the  insured  or  subscriber  if  such  insured  or
    33  subscriber  takes  physical  custody  of  the  infant upon such infant's
    34  release from the hospital and files a petition pursuant to  section  one
    35  hundred  fifteen-c  of  the domestic relations law within thirty days of
    36  birth; and provided further that no notice of revocation to the adoption
    37  has been filed pursuant to section one hundred fifteen-b of the domestic

    38  relations law and consent to the adoption has not been revoked, shall be
    39  effective from the moment of birth for injury or sickness including  the
    40  necessary  care  and treatment of medically diagnosed congenital defects
    41  and birth abnormalities including premature birth, except that in  cases
    42  of adoption, coverage of the initial hospital stay shall not be required
    43  where  a  birth parent has insurance coverage available for the infant's
    44  care. This provision regarding coverage of  newborn  infants  shall  not
    45  apply  to  two  person coverage. In the case of individual or two person
    46  coverages the corporation must  also  permit  the  person  to  whom  the
    47  certificate is issued to elect such coverage of newborn infants from the
    48  moment of birth. If notification and/or payment of an additional premium
    49  or  contribution  is  required  to make coverage effective for a newborn

    50  infant, the coverage may provide that such notice and/or payment be made
    51  within no less than thirty days of the day of  birth  to  make  coverage
    52  effective  from the moment of birth. This election shall not be required
    53  in the case of student insurance or where  the  group's  plan  does  not
    54  provide coverage for dependent children.
    55    (3) A hospital service corporation or health service corporation which
    56  provides  a  "family  contract"  to  an  individual  or a group must, if

        A. 2368--B                          6
 
     1  requested by the policyholder, make available and, if requested  by  the
     2  insured or certificate holder, provide coverage for the domestic partner
     3  of  the insured or certificate holder. For the purposes of this section,

     4  "domestic  partner"  shall  mean  a  person  who with respect to another
     5  person:
     6    (A) is formally a party in a domestic partnership or similar relation-
     7  ship with the other person, entered into pursuant to  the  laws  of  the
     8  United  States or of any state, local or foreign jurisdiction, or regis-
     9  tered as the domestic partner of the  other  person  with  any  registry
    10  maintained  by  the employer of either party or any state, municipality,
    11  or foreign jurisdiction; or
    12    (B) is dependent or mutually interdependent on the  other  person  for
    13  support,  as evidenced by the totality of the circumstances indicating a
    14  mutual intent to be domestic partners including,  but  not  limited  to:

    15  common  ownership  or joint leasing of real or personal property; common
    16  householding, shared income or  shared  expenses;  children  in  common;
    17  signs  of  intent to marry or become domestic partners; or the length of
    18  the personal relationship of the persons.
    19    (4) The superintendent shall, within one hundred eighty  days  of  the
    20  effective  date  of  this paragraph, provide for qualification standards
    21  for domestic partner benefits by regulation. Such regulations:
    22    (A) shall prohibit the coverage of more than one domestic  partner  at
    23  the same time under a family contract, or coverage of a domestic partner
    24  of  an insured or certificate holder who is also married, or coverage as

    25  a domestic partner of anyone less than eighteen  years  of  age  or  any
    26  person  who  is  related  to  the other person by blood in a manner that
    27  would bar marriage to the other person in New York state;
    28    (B) shall provide for the coverage of a dependent child of a  domestic
    29  partner  under the same terms and conditions as would apply to a depend-
    30  ent child of the insured or certificate holder or spouse of such insured
    31  or certificate holder;
    32    (C) shall include a provision which deems as qualified any person  who
    33  submits  proof that he or she is formally a party to a domestic partner-
    34  ship, or similar relationship, entered into with the insured or  certif-
    35  icate holder pursuant to the laws of the United States, or of any state,

    36  local or foreign jurisdiction;
    37    (D)  shall,  as  an alternative to subparagraph (C) of this paragraph,
    38  provide for other means of demonstrating a domestic partner relationship
    39  including, but not limited to, an affidavit attesting to  the  relation-
    40  ship;
    41    (E)  shall  provide  for reasonable procedures for notification of the
    42  corporation by the insured or certificate  holder  of  the  end  of  the
    43  domestic partner relationship;
    44    (F)  may, for persons not deemed as qualified pursuant to subparagraph
    45  (C) or (D) of this paragraph, include provisions requiring prior cohabi-
    46  tation of the insured or certificate holder and  the  domestic  partner,
    47  provided  that  such  period of required cohabitation may not exceed six

    48  months; and
    49    (G) may, for persons not deemed as qualified pursuant to  subparagraph
    50  (C)  or  (D)  of  this  paragraph,  require the submission of reasonable
    51  documentation of residence and financial  interdependence  of  the  kind
    52  commonly  available  to  married  persons including, but not limited to,
    53  income tax returns, passports, drivers' licenses, utility bills, leases,
    54  deeds, joint banking and credit card accounts, retirement  accounts  and
    55  insurance policies and benefit statements.
    56    § 6. This act shall take effect immediately.
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