S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   327

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens. BRESLIN, HASSELL-THOMPSON, ONORATO, SAMPSON, SMITH
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Insurance

AN ACT to amend the insurance law and the legislative law,  in  relation
  to proposed health insurance mandates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature  finds  that  New  York
state  is  in  the midst of a health insurance crisis. Approximately 3.1
million New Yorkers are currently uninsured. The crisis is the result of
many factors, including the high cost of health  care.  The  legislature
hereby  finds  that  it is in the best public interest to ensure that an
appropriate balance is struck between the mandated benefits  that  state
law requires insurers to provide to their insureds and allowing insurers
flexibility  to  structure  their policies in a cost efficient manner to
maximize resources available for the delivery of quality health care.
  The legislature further finds that several bills are currently pending
in the New York state legislature which would mandate additional  insur-
ance coverages for specific medical procedures. The piecemeal, uncoordi-
nated effort is likely to increase the cost of health insurance policies
ultimately  resulting  in an increase in the numbers of uninsured in our
state. Therefore, the legislature finds that  there  is  a  need  for  a
comprehensive, coordinated review of all pending mandated benefit legis-
lation  before they become law and a need to create an advisory board on
health insurance mandates.
  S 2. The insurance law is amended by adding a new section 215 to  read
as follows:
  S  215.  ADVISORY  COUNCIL  ON  HEALTH INSURANCE MANDATES. 1. THERE IS
HEREBY ESTABLISHED WITHIN THE DEPARTMENT AN ADVISORY COUNCIL  ON  HEALTH
INSURANCE  MANDATES.  IT  SHALL  BE THE RESPONSIBILITY OF THE COUNCIL TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03570-01-9

S. 327                              2

EVALUATE THE IMPACT OF PROPOSED MANDATES ON THE QUALITY OF  HEALTH  CARE
AND  THE IMPACT ON THE COST OF HEALTH CARE WITHIN THE STATE. THE COUNCIL
SHALL ASSESS THE ANTICIPATED HEALTH BENEFITS AND ESTIMATED COST  RESULT-
ING  FROM PENDING LEGISLATIVE EFFORTS TO IMPOSE ADDITIONAL MANDATES. THE
COUNCIL SHALL ALSO DEVELOP  AND  RECOMMEND  GUIDELINES  FOR  DETERMINING
WHETHER ADDITIONAL HEALTH INSURANCE MANDATES SHOULD BE ADOPTED.
  THE ADVISORY COUNCIL IS AUTHORIZED TO CALL UPON ANY DEPARTMENT, OFFICE
OR  AGENCY OF STATE GOVERNMENT TO PROVIDE SUCH INFORMATION, RESOURCES OR
OTHER ASSISTANCE DEEMED NECESSARY TO DISCHARGE THE  COUNCIL'S  RESPONSI-
BILITIES AS DIRECTED. EACH SUCH DEPARTMENT, OFFICE OR AGENCY IS DIRECTED
TO  COOPERATE  WITH  THE  COUNCIL TO FURNISH IT WITH SUCH INFORMATION AS
REQUESTED, TO THE EXTENT SUCH REQUESTS ARE NOT INCONSISTENT WITH LAW AND
WITHIN BUDGETARY CONSTRAINTS.
  2. THE COUNCIL SHALL CONSIST OF TWELVE MEMBERS AS FOLLOWS: THE COMMIS-
SIONER OF HEALTH AND THE SUPERINTENDENT OF INSURANCE,  OR  THEIR  DESIG-
NEES;  FOUR  MEMBERS TO BE APPOINTED BY THE GOVERNOR: ONE MEMBER REPRES-
ENTING  HEALTH  MAINTENANCE  ORGANIZATIONS,  ONE   MEMBER   REPRESENTING
HOSPITALS,  ONE MEMBER REPRESENTING PHYSICIANS AND ONE MEMBER REPRESENT-
ING THE BUSINESS COMMUNITY; ONE MEMBER TO BE APPOINTED BY THE  TEMPORARY
PRESIDENT  OF  THE SENATE AND ONE MEMBER TO BE APPOINTED BY THE MINORITY
LEADER OF THE SENATE; ONE MEMBER TO BE APPOINTED BY THE SPEAKER  OF  THE
ASSEMBLY  AND  ONE  MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY; AND TWO MEMBERS TO BE APPOINTED BY THE STATE COMPTROLLER,  ONE
OF  WHOM SHALL BE AN INDEPENDENT ACTUARY. THE INDEPENDENT ACTUARY MEMBER
APPOINTED BY THE COMPTROLLER SHALL BE RESPONSIBLE FOR EVALUATION OF  THE
RESULTS  REACHED BY THE COUNCIL AND SHALL REPORT BACK TO THE COMPTROLLER
WITH SUCH RESULTS. THE COMPTROLLER SHALL REPORT  SUCH  FINDINGS  TO  THE
DEPARTMENT  AND THE APPROPRIATE LEGISLATIVE COMMITTEES IN THE SENATE AND
ASSEMBLY. VACANCIES OCCURRING ON THE COUNCIL  FOR  ANY  CAUSE  SHALL  BE
FILLED  IN  THE  SAME  MANNER  AS THE ORIGINAL APPOINTMENT OF THE MEMBER
WHOSE OFFICE BECAME VACANT.
  S 3. The legislative law is amended by adding a new section 68 to read
as follows:
  S 68. BILLS MANDATING HEALTH INSURANCE BENEFITS. A BILL  WHICH  ENACTS
OR  AMENDS  ANY PROVISION OF LAW MANDATING HEALTH INSURANCE COVERAGE AND
HAVING THE EFFECT OF INCREASING INSURANCE RATES SHALL, PRIOR TO  CONSID-
ERATION  BY A STANDING COMMITTEE, BE REVIEWED BY THE ADVISORY COUNCIL ON
HEALTH INSURANCE  MANDATES  CREATED  PURSUANT  TO  SECTION  TWO  HUNDRED
FIFTEEN OF THE INSURANCE LAW.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  any
rules, regulations or other actions necessary for the timely implementa-
tion of this act on its effective date are authorized and directed to be
completed on or before such date.