S T A T E O F N E W Y O R K ________________________________________________________________________ 9130--B 2009-2010 Regular Sessions I N A S S E M B L Y September 4, 2009 ___________ Introduced by M. of A. LATIMER -- read once and referred to the Commit- tee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to requiring insurance companies to disclose claims information to municipalities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The insurance law is amended by adding a new section 3217-e 2 to read as follows: 3 S 3217-E. DISCLOSURE OF INFORMATION TO MUNICIPALITIES. (A) EVERY 4 INSURER CONTRACTING WITH MUNICIPALITIES EMPLOYING FOUR HUNDRED OR MORE 5 EMPLOYEES, INCLUDING MUNICIPAL COOPERATIVE HEALTH BENEFIT PLANS CERTI- 6 FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, SHALL PROVIDE UPON 7 REQUEST THE FOLLOWING INFORMATION TO THE INSURED MUNICIPALITY: 8 (1) SPECIFIC CLAIMS EXPERIENCE COVERED BY THE INSURER UNDER A COMMUNI- 9 TY RATED OR EXPERIENCED RATED POLICY. FOR PURPOSES OF THIS SECTION 10 "EXPERIENCE RATINGS" SHALL MEAN AND INCLUDE ALL QUANTITATIVE MEASURES 11 USED BY THE INSURANCE CARRIER SUCH AS EXPENSES PER MEMBER AND ANY 12 HISTORICAL DATA; 13 (2) AVERAGE ANNUAL PER MEMBER COST OF CLAIMS REIMBURSEMENT; 14 (3) NUMBER OF MEMBERS WHO DID NOT FILE A CLAIM WITHIN A TWELVE MONTH 15 PERIOD; 16 (4) A COMPARISON OF EMERGENCY SERVICES USED BY MEMBERS TO OUT-PATIENT 17 SERVICES; 18 (5) A LOSS RATIO REPORT; 19 (6) CLAIMS HISTORY FOR THE LAST TWELVE MONTHS FOR EXPERIENCE RATED 20 PLANS SEPARATED BY MEDICAL AND PRESCRIPTION; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14695-04-0 A. 9130--B 2 1 (7) INFORMATION REGARDING COST ON THE TOP TWENTY-FIVE PRESCRIPTION 2 DRUGS BEING USED BY MEMBER EMPLOYEES; 3 (8) LARGE LOSS CLAIMS REPORT INDICATING DIAGNOSIS AND PROGNOSIS FOR 4 CLAIMS GREATER THAN THIRTY THOUSAND DOLLARS; 5 (9) MEDICAL LOSS RATIO REPORT; AND 6 (10) ANY OTHER STATISTICAL INFORMATION THE MUNICIPALITY REQUESTS TO 7 DETERMINE USE OF BENEFITS BY MEMBERS. 8 (B) THE SUPERINTENDENT SHALL IMPOSE A FINE OF THREE HUNDRED THOUSAND 9 DOLLARS FOR FAILURE TO PROVIDE WITHIN THIRTY DAYS OF A WRITTEN REQUEST 10 BY THE INSURED MUNICIPALITY THE INFORMATION REQUIRED BY PARAGRAPH ONE OF 11 SUBSECTION (A) OF THIS SECTION RELATING TO HOW FUNDING WAS SPENT BY THE 12 INSURANCE CARRIER REGARDING THE INSURED EMPLOYEES. A FINE OF TEN THOU- 13 SAND DOLLARS PER DAY SHALL BE IMPOSED FOR EACH DAY SUCH FAILURE CONTIN- 14 UES. ANY FINES IMPOSED SHALL BE PAID TO THE INSURED MUNICIPALITY 15 REQUESTING SUCH INFORMATION. 16 (C) NOTWITHSTANDING THE FOREGOING PROVISIONS, IN RELEASING ANY SUCH 17 INFORMATION THE INSURER SHALL COMPLY WITH THE FEDERAL HEALTH INSURANCE 18 PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996, AS AMENDED. 19 S 2. This act shall take effect immediately.