Bill Text: NY A09683 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the superintendent of financial services to audit certain reports to ensure such insurers are in full compliance with federal and state mental health and substance use disorder parity requirements.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-04-03 - referred to insurance [A09683 Detail]

Download: New_York-2023-A09683-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9683

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced  by  M. of A. K. BROWN, CHANG, CURRAN, DeSTEFANO -- read once
          and referred to the Committee on Insurance

        AN ACT to amend the insurance law, in relation to requiring  the  super-
          intendent  of financial services to audit certain reports submitted by
          insurers  to ensure such insurers are in full compliance with  federal
          and state mental health and substance use disorder parity requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subsection (a) of section 343  of  the  insurance  law,  as
     2  added by chapter 207 of the laws of 2019, is amended to read as follows:
     3    (a)  (i)  Beginning  July  first,  two thousand nineteen and every two
     4  years thereafter, each insurer providing managed care products, individ-
     5  ual comprehensive accident and health  insurance  or  group  or  blanket
     6  comprehensive  accident and health insurance, each corporation organized
     7  pursuant to article forty-three of this chapter providing  comprehensive
     8  health insurance and each entity licensed pursuant to article forty-four
     9  of  the  public  health law providing comprehensive health service plans
    10  shall submit to the superintendent, in a form and manner  prescribed  by
    11  the  superintendent,  a  report  detailing  the entity's compliance with
    12  federal and state mental health and substance use disorder  parity  laws
    13  based  on  the  entity's record during the preceding two calendar years.
    14  The superintendent shall publish  on  the  department's  website  on  or
    15  before  October first, two thousand nineteen, and every two years there-
    16  after, the reports submitted pursuant to this section.
    17    (ii) The superintendent shall audit each report submitted pursuant  to
    18  this section.  Such audit shall include, but not be limited to, an exam-
    19  ination  of each such report submitted by the insurer for the purpose of
    20  determining if such insurer is in full compliance with federal and state
    21  mental health and substance use disorder parity requirements.  In  addi-
    22  tion,  the  superintendent shall investigate all credible allegations of
    23  insurer improprieties and noncompliance. Where the superintendent  makes
    24  a  determination that an insurer has willfully violated federal or state
    25  mental health and substance use disorder parity requirements, the super-
    26  intendent shall provide such findings, including the reason  or  reasons

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14369-01-4
        A. 9683                             2

     1  for  making  such  determination, to the office of the attorney general.
     2  The attorney general shall consider the superintendent's  findings  and,
     3  upon  agreement  with the superintendent's determination, shall commence
     4  an action in the name of the people of the state to enforce an insurer's
     5  required  compliance  with federal and state mental health and substance
     6  use disorder parity requirements.
     7    § 2. This act shall take effect immediately.