Bill Text: NY A01682 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2024-05-22 - reported referred to rules [A01682 Detail]

Download: New_York-2023-A01682-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1682--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
          SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of  A.  SAYEGH  --
          read  once  and  referred  to  the Committee on Insurance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the insurance law, in relation to prohibiting the exclu-
          sion of coverage based upon gender indication on claim forms

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

     1    Section 1. Paragraphs 7 and 8 of subsection (a) of section 3243 of the
     2  insurance law, as added by section 2 of subpart D of part J  of  chapter
     3  57  of  the  laws of 2019, are amended and a new paragraph 9 is added to
     4  read as follows:
     5    (7) fix any lower rate or discriminate in the fees or  commissions  of
     6  insurance  agents  or  insurance  brokers for writing or renewing such a
     7  policy; [or]
     8    (8) engage in sexual stereotyping[.]; or
     9    (9) deny a claim of an insured because the  insured's  gender  or  sex
    10  indicated on a claim form submitted to the insurer is different from the
    11  sex or gender indicated on the insured's policy forms, unless the insur-
    12  er  has taken reasonable steps, including requesting additional informa-
    13  tion, to determine whether the insured  is  eligible  for  the  services
    14  prior to denial of such claim.
    15    §  2.    Paragraphs  7  and 8 of subsection (a) of section 4330 of the
    16  insurance law, as added by section 3 of subpart D of part J  of  chapter
    17  57  of  the  laws of 2019, are amended and a new paragraph 9 is added to
    18  read as follows:
    19    (7) fix any lower rate or discriminate in the fees or  commissions  of
    20  insurance  agents  or  insurance  brokers for writing or renewing such a
    21  contract; [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04905-04-4
        A. 1682--B                          2

     1    (8) engage in sexual stereotyping[.]; or
     2    (9)  deny  a  claim  of an insured because the insured's gender or sex
     3  indicated on a claim form submitted to the insurer is different from the
     4  sex or gender indicated on the insured's policy forms, unless the insur-
     5  er has taken reasonable steps, including requesting additional  informa-
     6  tion,  to  determine  whether  the  insured is eligible for the services
     7  prior to denial of such claim.
     8    § 3. This act shall take effect immediately.