Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Nov 14, 2016 |
signed chap.424 |
Nov 02, 2016 |
delivered to governor |
Jun 14, 2016 |
returned to senate passed assembly ordered to third reading rules cal.204 substituted for a10269 |
Jun 14, 2016 |
substituted by s2268 |
Jun 08, 2016 |
ordered to third reading rules cal.204 rules report cal.204 reported |
Jun 06, 2016 |
reported referred to rules |
Jun 01, 2016 |
reported referred to codes |
May 19, 2016 |
referred to insurance |
Assembly Bill A10269
Signed By Governor2015-2016 Legislative Session
Authorizes an insured to designate a third party to receive cancellation notification
download bill text pdfSponsored By
CYMBROWITZ
Archive: Last Bill Status Via S2268 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 7, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: Jun 9, 2015
aye (62)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
excused (1)
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Jun 6, 2016 - Rules Committee Vote
S226824Aye0Nay0Aye with Reservations0Absent1Excused0Abstained-
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Rules Committee Vote: Jun 6, 2016
aye (24)excused (1)
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Jun 8, 2015 - Rules Committee Vote
S226824Aye0Nay1Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 8, 2015
aye (24)aye wr (1)
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2015-A10269 (ACTIVE) - Details
2015-A10269 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10269 I N A S S E M B L Y May 19, 2016 ___________ Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to the designation of third parties to receive notification of cancellation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 6 of subsection (b) of section 1117 of the insur- ance law, as added by chapter 572 of the laws of 2008, is amended to read as follows: (6) prior to the earlier of the execution of a policy or certificate in connection with a plan providing a home care benefit and/or a nursing home benefit, or the payment of any premium or fee related to such a policy or certificate, the authorized insurer, corporation, health main- tenance organization or fraternal benefit society shall provide the prospective insured or his or her representative with a disclosure statement, which contains the following: (A) The maximum daily and lifetime benefit levels, if applicable, provided by the policy or certificate for home care services and nursing home services; (B) The percentage of coverage provided for home care services and nursing home services, if applicable, and an explanation of the method- ology on which the reasonable charge used in conjunction with such percentage amount is based; (C) A description of any inflation protection feature included in or available for purchase under the policy or certificate and the addi- tional premium required to purchase such option or options; (D) (i) If available and accessible by the insurer or other entity from the department of health, the most recently-published average, statewide rate for care in a nursing home, as well as the average rates for care in nursing homes for both the New York city-metropolitan and upstate regions of the state; or (ii) If available and accessible by the insurer or other entity from the department of health, the most recently-published map of the esti- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00936-01-5
A. 10269 2 mated average regional rates in New York state for nursing home care; [and] (E) A graphic demonstration of the maximum daily nursing home benefit level provided by the policy or certificate, and the impact that the selection of any inflation protection options would have on such maximum daily nursing home benefit level[.]; AND (F) THE RIGHT OF THE PROSPECTIVE INSURED, UPON ATTAINING THE AGE OF SIXTY-FIVE YEARS, TO DESIGNATE A THIRD PARTY WHO WILL RECEIVE A COPY OF ANY NOTICES OF NONPAYMENT OF PREMIUMS DUE OR NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUMS THAT IS SENT TO THE PROSPECTIVE INSURED. For the purpose of this paragraph, "home care services" shall have the same meaning as defined in subdivision one of section thirty-six hundred two of the public health law. The prospective insured, or his or her representative, shall acknowledge that the required disclosure has been made by signing the disclosure statement prior to or contemporaneously with the effective date of the policy or certificate. Failure to provide information required by subparagraph (D) of this paragraph shall not be construed as a violation of this section if such information has not been made available by the department of health. S 2. Subsection (e) of section 3111 of the insurance law, as added by section 30 of part B of chapter 58 of the laws of 2004, is amended to read as follows: (e) Every insurer that has in force a long-term care insurance policy as defined in section one thousand one hundred seventeen of this chapter the premiums for which are paid directly to the insurer by the senior citizen insured, except a policy that qualifies as a long-term care insurance contract as defined in Section 7702B of the Internal Revenue Code, shall permit senior citizen insureds to designate a third party to whom the insurer shall transmit notices of nonpayment of premiums due or notice of cancellation for nonpayment of premiums[, as determined by the insurer]; PROVIDED THAT NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM SHALL BE SENT NO LATER THAN THIRTY DAYS BEFORE THE EFFECTIVE DATE OF SUCH CANCELLATION. The senior [citizens] CITIZEN INSURED shall notify the insurer that a third party has been so designated. Such notification shall be delivered to the insurer EITHER IN THE SAME ENVELOPE AS THE SENIOR CITIZEN INSURED'S PREMIUM PAYMENT OR by certified mail, return receipt requested, and shall be effective not later than ten business days from the date of receipt by the insurer. The notification must contain, in writing, an acceptance by the third party designee to receive such notices of cancellation. Should the third party designee desire to terminate his or her status as a third party designee, such designee shall provide written notice to both the insurer and the senior citizen insured. Should the senior citizen insured desire to terminate the third party designation, the insured shall provide written notice to the insurer. The transmission to the third party designee of any such notice of cancellation shall be in addition to a copy of such document transmitted to the senior citizen insured and when a third party is so designated all such notices shall be mailed in an envelope clearly marked on its face with the following: "IMPORTANT INSURANCE POLICY INFORMATION: OPEN IMMEDIATELY". Designation as a third party shall not constitute acceptance of any liability on the third party for services provided to such senior citizen. The insurer shall notify its senior citizen insureds NOT LESS THAN annually in writing of the availability of the third party designee notice procedure and provide information on how the insured can commence this procedure[; however, such notice need not be provided once a senior citizen has made a designation]. IF A A. 10269 3 SENIOR CITIZEN INSURED HAS NOT MADE A THIRD PARTY DESIGNATION, THE INSURER SHALL INCLUDE A COPY OF THE THIRD PARTY DESIGNATION FORM WITH EACH PREMIUM STATEMENT SENT TO THE SENIOR CITIZEN INSURED. IF A SENIOR CITIZEN INSURED HAS MADE A DESIGNATION, THE INSURER SHALL CONFIRM WITH THE SENIOR CITIZEN INSURED THAT THE THIRD PARTY DESIGNEE'S CONTACT INFORMATION IS CORRECT. UPON RECEIPT OF A DESIGNATION OR TERMINATION OF A DESIGNATION, THE INSURER SHALL VERIFY THE DESIGNATION OR CANCELLATION OF DESIGNATION WITH THE SENIOR CITIZEN INSURED. SUCH VERIFICATION MAY, BUT IS NOT REQUIRED TO BE, WRITTEN AND THE INSURER MAY USE TELEPHONY TO OBTAIN AN ORAL CONFIRMATION FROM THE SENIOR CITIZEN INSURED SO LONG AS THE INSURER PROVIDES THE SENIOR CITIZEN INSURED WITH WRITTEN CONFIRMA- TION OF THE ORAL VERIFICATION. S 3. This act shall take effect on the sixtieth day after it shall have become a law.
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