Creates the office of insurance consumer advocate within the department of insurance; office to consist of five members; describes powers and duties; such office to be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

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S2220-2011 Actions

• Jan 18, 2011: REFERRED TO INSURANCE

S2220-2011 Memo

BILL NUMBER:S2220

TITLE OF BILL:
An act
to amend the insurance law, in relation to establishing the office
of insurance consumer advocate within the insurance department and
describing its powers and duties

SUMMARY:
The insurance law is amended by adding a new section 210-b to
create the Office of Insurance Consumer Advocate. The duties of such
will include, but not be limited to: review of rate applications;
participation in public hearings; and review and recommend legislation
related to improving the insurance process for consumers.

JUSTIFICATION:
On April 7, 1986 a report of the Governor's Advisory
Commission on Liability Insurance, "INSURING OUR FUTURE" -commonly
known as the Jones Commission Report- embraced the idea of creating
an Office of Insurance Consumer Advocate. The report stated that,
"Although the Insurance Department generally attends to the interests
of insurance consumers, there is no New York State appointee who is
exclusively charged with that task of representing consumer interests
with respect to insurance matters." The report continues by stressing
that the ratemaking process cannot be completely fair unless "a named
individual is designated to represent this interest (consumer) and is
given full access to the information necessary to intervene on an
informed timely basis."

This recommendation is similar to the Texas law which established the
Division of Consumer Protection within the State Board of Insurance
to represent the interest of insurance consumers statewide. With this
report in mind, with the Texas model as an example, and with the
large rate hikes that have been awarded to health insurance carriers,
now is the time to ensure that consumers' point of view is adequately
represented. These increases have a detrimental effect on all
policyholders, but especially those with fixed incomes. Such
increases could force many senior citizens to cancel coverage. Such
issues must be fully analyzed before a rate increase is granted. Blue
Cross of Western New York and Blue Shield of Western New York, for
example, recently received a 19.1% and 22.8% rate increase
respectively. Customers cannot continue to sustain these drastic
increases.

FISCAL IMPLICATIONS:
Not known at this time.

EFFECTIVE DATE:
This act shall take effect 60 days after it shall have
become law.

S2220-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2220

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Insurance

  AN ACT to amend the insurance  law,  in  relation  to  establishing  the
    office  of insurance consumer advocate within the insurance department
    and describing its powers and duties

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. The insurance law is amended by adding a new section 210-b
  to read as follows:

    S 210-B. OFFICE OF INSURANCE CONSUMER ADVOCATE. (A)  THERE  IS  HEREBY
  CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
  HEREAFTER  REFERRED  TO IN THIS SECTION AS THE OFFICE. SUCH OFFICE SHALL
  CONSIST OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE  EXECU-
  TIVE  DIRECTOR OF THE CONSUMER PROTECTION BOARD AND TWO OF WHOM SHALL BE
  APPOINTED BY THE SUPERINTENDENT. MEMBERS OF THE OFFICE SHALL RECEIVE  NO
  COMPENSATION  FOR  THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR
  ACTUAL AND NECESSARY EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  THEIR
  DUTIES.
    (B) THE OFFICE, TOGETHER WITH THE CONSUMER PROTECTION BOARD, SHALL:

    (1)  ASSESS  THE  IMPACT  OF  INSURANCE REGULATORY ACTIONS ON NEW YORK
  CONSUMERS. SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS  FOR
  SUBSCRIBER  RATE  CHANGES  FILED  BY HEALTH INSURANCE PROVIDERS LICENSED
  PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER AND  ARTICLE  FORTY-FOUR
  OF THE PUBLIC HEALTH LAW.
    (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
  ED  AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE THE
  SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
    (3) POSSESS ALL RIGHTS AND POWERS OF ANY PARTY AT  INTEREST  APPEARING
  BEFORE  THE  DEPARTMENT WITH REGARD TO EXAMINATION AND CROSS-EXAMINATION
  OF WITNESSES AND PRESENTATION OF EVIDENCE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06404-01-1

 S. 2220                             2

    (4) HAVE ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL  RECORDS  GATH-
  ERED  BY  THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH IS RELE-
  VANT TO THE SUBJECT MATTER  INVOLVED  IN  SUCH  PROCEEDINGS  BEFORE  THE
  DEPARTMENT.
    (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
  CONSULTATION WITH THE CONSUMER PROTECTION BOARD  THAT  IN  ITS  JUDGMENT
  WOULD POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
    THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
  CATES AT ANY OFFICIAL PROCEEDINGS.
    (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
  INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
  CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
  PURSUANT TO SECTION THREE  HUNDRED  THIRTY-TWO  OF  THIS  CHAPTER.  SUCH
  ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
  ADMINISTERING AND OPERATING THE OFFICE.
    S 2. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.