Bill Text: NY S02243 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires a separate cost/benefit analysis prepared by the superintendent of insurance to accompany each mandated health insurance benefit bill considered by the legislature; provides that such cost/benefit analysis shall include the extent to which the medical care addressed in such bill is available to and utilized by the general population, whether insurance coverage for such medical care is currently available, whether a lack of insurance coverage may result in an individual not receiving necessary medical care or cause financial hardship upon the receipt of such care, whether such bill's implementation may have an impact on expensive medical care, whether such coverage might affect the future number and types of providers of such medical care, and whether such coverage might impact the cost of insurance premiums or administrative expenses to insurers and employers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02243 Detail]
Download: New_York-2011-S02243-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2243
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the legislative law, in relation to cost/benefit analy-
sis for mandated health insurance benefit bills
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislative law is amended by adding a new section 54-b
2 to read as follows:
3 S 54-B. COST/BENEFIT ANALYSIS FOR MANDATED HEALTH INSURANCE BENEFIT
4 BILLS. 1. FOR THE PURPOSE OF THIS SECTION, THE TERM "MANDATED HEALTH
5 INSURANCE BENEFIT BILL" MEANS A BILL WHICH MANDATES HEALTH INSURANCE
6 COVERAGE OR THE OFFERING OF HEALTH INSURANCE COVERAGE FOR SPECIFIC
7 HEALTH SERVICES, HEALTH CARE PROVIDERS OR DISEASES AS A PART OF AN INDI-
8 VIDUAL ACCIDENT AND HEALTH INSURANCE POLICY, A GROUP OR BLANKET ACCIDENT
9 AND HEALTH INSURANCE POLICY, OR A MEDICAL OR DENTAL EXPENSE INDEMNITY,
10 HEALTH SERVICE OR HOSPITAL SERVICE CONTRACT.
11 2. THE LEGISLATURE SHALL BY CONCURRENT RESOLUTION OF THE SENATE AND
12 ASSEMBLY PRESCRIBE RULES REQUIRING INDEPENDENT COST/BENEFIT ANALYSES TO
13 ACCOMPANY, ON A SEPARATE FORM, MANDATED HEALTH INSURANCE BILLS AND
14 AMENDMENTS TO SUCH BILLS.
15 3. SUCH COST/BENEFIT ANALYSIS SHALL BE PREPARED BY THE DEPARTMENT OF
16 INSURANCE AND, TO THE EXTENT THAT SUCH INFORMATION IS AVAILABLE, SHALL
17 INCLUDE, BUT NOT BE LIMITED TO, INFORMATION REGARDING:
18 A. THE EXTENT TO WHICH THE MEDICAL CARE ADDRESSED IN THE BILL IS
19 AVAILABLE TO AND UTILIZED BY A SIGNIFICANT PORTION OF THE POPULATION;
20 B. THE EXTENT TO WHICH INSURANCE COVERAGE FOR SUCH MEDICAL CARE IS
21 ALREADY AVAILABLE;
22 C. IF COVERAGE IS NOT GENERALLY AVAILABLE, THE EXTENT TO WHICH SUCH
23 LACK OF COVERAGE MAY RESULT IN AN INDIVIDUAL NOT RECEIVING NECESSARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07391-01-1
S. 2243 2
1 MEDICAL CARE OR INCURRING UNDUE FINANCIAL HARDSHIP UPON RECEIVING SUCH
2 CARE;
3 D. THE LEVEL OF PUBLIC DEMAND FROM INDIVIDUALS AND/OR PROVIDERS FOR
4 SUCH MEDICAL CARE AND FOR INSURANCE COVERAGE FOR SUCH MEDICAL CARE;
5 E. THE LEVEL OF INTEREST OF COLLECTIVE BARGAINING ORGANIZATIONS IN
6 NEGOTIATING INCLUSION OF SUCH COVERAGE IN GROUP CONTRACTS;
7 F. ANY ALTERNATIVES WHICH MEET THE NEED FOR COVERAGE OF SUCH MEDICAL
8 CARE;
9 G. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT HAVE AN IMPACT
10 UPON THE COST OF AND THE UTILIZATION LEVEL FOR SUCH MEDICAL CARE IN THE
11 FUTURE;
12 H. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT SERVE AS AN ALTER-
13 NATIVE TO MORE EXPENSIVE OR LESS EXPENSIVE MEDICAL CARE;
14 I. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT AFFECT THE NUMBER
15 AND TYPES OF PROVIDERS OF SUCH MEDICAL CARE IN THE FUTURE;
16 J. THE EXTENT TO WHICH SUCH MANDATED COVERAGE MIGHT HAVE AN IMPACT
17 UPON THE COST OF INSURANCE PREMIUMS AND/OR ADMINISTRATIVE EXPENSES TO
18 INSUREDS, EMPLOYERS AND INSURERS;
19 K. THE IMPACT THAT SUCH MANDATED COVERAGE MIGHT HAVE ON THE TOTAL COST
20 OF HEALTH CARE; AND
21 L. THE EXPERIENCE OF OTHER STATES WHICH HAVE ENACTED A SIMILAR BILL
22 INTO LAW.
23 4. THE SUPERINTENDENT OF INSURANCE SHALL PROMULGATE RULES AND REGU-
24 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
25 5. AT THE DISCRETION OF THE SUPERINTENDENT OF INSURANCE, PUBLIC HEAR-
26 INGS MAY BE CONVENED FOR THE PURPOSE OF GATHERING INFORMATION NECESSARY
27 FOR HIS OR HER COMPLIANCE WITH THE ANALYSIS REQUIREMENTS OF SUBDIVISIONS
28 TWO AND THREE OF THIS SECTION.
29 6. IF THE COST/BENEFIT ANALYSIS OF A MANDATED HEALTH INSURANCE BENEFIT
30 BILL IS INACCURATE, SUCH INACCURACY SHALL NOT AFFECT, IMPAIR OR INVALI-
31 DATE SUCH BILL.
32 S 2. This act shall take effect on the one hundred twentieth day after
33 it shall have become a law; provided, however, that the superintendent
34 of insurance is hereby authorized to promulgate rules and regulations
35 necessary to effectuate the provisions of this act on or before such
36 effective date.
