Bill Text: NY A09932 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates exceptions to the general prohibition on rebating.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-04-24 - referred to insurance [A09932 Detail]

Download: New_York-2011-A09932-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9932
                                 I N  A S S E M B L Y
                                    April 24, 2012
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Insurance
       AN ACT to amend the insurance law, in  relation  to  exceptions  to  the
         general prohibition on rebating
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3239 of the insurance law is amended  by  adding  a
    2  new subsection (d) to read as follows:
    3    (D)  AN  INSURANCE  AGENT,  INSURANCE  BROKER  OR INSURANCE CONSULTANT
    4  LICENSED UNDER ARTICLE TWENTY-ONE OF THIS CHAPTER, WHILE  ACTING  WITHIN
    5  THE  SCOPE  OF  SUCH  LICENSURE AND AS PART OF COMMISSIONS PAID OR UNDER
    6  SEPARATE FEE AGREEMENTS, SHALL BE  AUTHORIZED  TO  ASSIST  INSURERS  AND
    7  EMPLOYERS  IN  THE  DEVELOPMENT AND IMPLEMENTATION OF WELLNESS PROGRAMS,
    8  DISEASE MANAGEMENT  AND  CARE  COORDINATION  SERVICES,  AND  OTHER  SUCH
    9  PROGRAMS  AND  SERVICES  DESIGNED  TO IMPROVE QUALITY OF CARE AND HEALTH
   10  OUTCOMES OF INSURED EMPLOYEES, SUBSCRIBERS OR ENROLLEES, BASED ON  ACTU-
   11  ARIAL  DEMONSTRATIONS  THAT SUCH PROGRAMS AND SERVICES CAN BE REASONABLY
   12  EXPECTED TO RESULT IN THE OVERALL GOOD HEALTH  AND  WELL  BEING  OF  THE
   13  GROUP.
   14    S  2.  Section  4224  of  the insurance law is amended by adding a new
   15  subsection (f) to read as follows:
   16    (F) THIS SECTION SHALL NOT  PROHIBIT  AN  INSURANCE  AGENT,  INSURANCE
   17  BROKER OR INSURANCE CONSULTANT LICENSED UNDER ARTICLE TWENTY-ONE OF THIS
   18  CHAPTER,  WHILE ACTING WITHIN THE SCOPE OF SUCH LICENSURE AND AS PART OF
   19  COMMISSIONS PAID OR UNDER SEPARATE FEE AGREEMENTS, FROM ASSISTING INSUR-
   20  ERS AND EMPLOYERS IN THE INTERPRETATION, MANAGEMENT AND COMMUNICATION OF
   21  THE INSURANCE POLICY  OR  ANNUITY  CONTRACT  AND  ITS  RESULTING  COSTS.
   22  PERMISSIBLE  SERVICES  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO: WELLNESS
   23  PROGRAMS, DISEASE MANAGEMENT AND CARE  COORDINATION  SERVICES,  ADMINIS-
   24  TRATION  OF  COBRA AND NEW YORK STATE CONTINUATION OF COVERAGE, ADMINIS-
   25  TRATION OF FLEXIBLE SPENDING ACCOUNTS (FSAS)  AND  HEALTH  REIMBURSEMENT
   26  ACCOUNTS  (HSAS), CLINICAL HEALTH ADVOCACY SERVICES, INCLUDING EMPLOYEE,
   27  SUBSCRIBER OR ENROLLEE COMMUNICATIONS, HOTLINES, "HELP DESKS,"  AND  WEB
   28  SITE  DEVELOPMENT, PREPARATION OF ANNUAL BENEFIT STATEMENTS, MAINTENANCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11006-01-1
       A. 9932                             2
    1  OF MEMBERSHIP RECORDS,  PREMIUM  RECONCILIATION  AND  BILLING  SERVICES,
    2  INCLUDING  RETIREE  BILLING, COMPLIANCE SUPPORT, INCLUDING COMPLETION OF
    3  ERISA FORM 5500, AND FINANCIAL MODELING.
    4    S 3. This act shall take effect immediately.