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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--A

                               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

        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.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 39 to read as follows:
     3    (39) Every policy that provides coverage  for  hospital,  surgical  or
     4  medical  care  shall  not  exclude coverage for screening, diagnosis and
     5  treatment of medical conditions, or services otherwise  covered  by  the
     6  policy  solely  on the basis of the gender indicated on a claim form, or
     7  that the gender  indicated  on  a  claim  form  is  different  from  the
     8  insured's  sex  assigned  at birth or gender otherwise recorded, or that
     9  the insured is not of the gender to whom a service is provided.  Nothing
    10  herein  shall  limit  the  insurer's  ability  to take reasonable steps,
    11  including requesting additional information, to  determine  whether  the
    12  insured  is eligible for the services, to review the claim for potential
    13  fraud, or to review the claim for clinical appropriateness.
    14    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    15  adding a new paragraph 22 to read as follows:
    16    (22) Every policy that provides coverage  for  hospital,  surgical  or
    17  medical  care  shall  not  exclude coverage for screening, diagnosis and
    18  treatment of medical conditions, or services otherwise  covered  by  the
    19  policy  solely  on the basis of the gender indicated on a claim form, or
    20  that the gender  indicated  on  a  claim  form  is  different  from  the
    21  insured's  sex  assigned  at birth or gender otherwise recorded, or that
    22  the insured is not of the gender to whom a service is provided.  Nothing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04905-03-3
        A. 1682--A                          2

     1  herein  shall  limit  the  insurer's  ability  to take reasonable steps,
     2  including requesting additional information, to  determine  whether  the
     3  insured  is eligible for the services, to review the claim for potential
     4  fraud, or to review the claim for clinical appropriateness.
     5    §  3.  Section  4303  of  the insurance law is amended by adding a new
     6  subsection (vv) to read as follows:
     7    (vv) Every contract that provides coverage for hospital,  surgical  or
     8  medical  care  shall  not  exclude coverage for screening, diagnosis and
     9  treatment of medical conditions, or services otherwise  covered  by  the
    10  contract solely on the basis of the gender indicated on a claim form, or
    11  that  the  gender  indicated  on  a  claim  form  is  different from the
    12  insured's sex assigned at birth or gender otherwise  recorded,  or  that
    13  the  insured is not of the gender to whom a service is provided. Nothing
    14  herein shall limit the  insurer's  ability  to  take  reasonable  steps,
    15  including  requesting  additional  information, to determine whether the
    16  insured is eligible for the services, to review the claim for  potential
    17  fraud, or to review the claim for clinical appropriateness.
    18    §  4. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a  law  and  shall  apply  to
    20  policies  and contracts issued, renewed, modified, altered or amended on
    21  or after such effective date.