Bill Text: NY S05242 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits insurers from reducing disability benefits due to the actual or anticipated receipt of social security disability benefits unless certain conditions are met.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-05 - SUBSTITUTED BY A6126A [S05242 Detail]
Download: New_York-2023-S05242-Introduced.html
Bill Title: Prohibits insurers from reducing disability benefits due to the actual or anticipated receipt of social security disability benefits unless certain conditions are met.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-05 - SUBSTITUTED BY A6126A [S05242 Detail]
Download: New_York-2023-S05242-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5242 2023-2024 Regular Sessions IN SENATE February 28, 2023 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to prohibiting insurers from reducing disability benefits unless certain conditions are met The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3216 of the insurance law is amended by adding two 2 new subsections (n) and (o) to read as follows: 3 (n) No policy or certificate of accident and health insurance provid- 4 ing disability benefits delivered or issued for delivery to any person 5 in this state shall contain any provision authorizing an insurer to 6 offset or reduce benefits due to the actual or anticipated receipt of 7 social security disability benefits or other disability benefits, unless 8 such policy or certificate notifies the insured that the insured may 9 qualify for such benefits, and to pursue such benefits through any 10 required administrative appeals. 11 (o) No insurer may offset or reduce benefits payable under a policy of 12 accident and health insurance providing disability insurance due to the 13 actual or estimated receipt of social security disability insurance 14 benefits unless: 15 (1) the insurer has a reasonable, good faith belief that the insured 16 is entitled to such benefits and a means of reasonably estimating the 17 amount payable; 18 (2) the insurer makes a good faith effort to assist the insured in 19 applying for such benefits; and 20 (3) the insured fails to apply for, or pursue, such benefits with 21 reasonable diligence during the application process or any required 22 appeals. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09886-01-3