Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to insurance |
Jan 21, 2009 |
referred to insurance |
Senate Bill S935
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Insurance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S935 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3781
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Amd ยงยง107, 3231, 3232, 4317 & 4318, Ins L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3726, A5858
2009-S935 (ACTIVE) - Summary
Defines the term "genetic predisposition" for purposes of individual and small group health insurance policies; requires that genetic predisposition be disregarded in community rating; provides that no pre-existing condition exclusion in such a policy shall exclude coverage on the basis of any genetic predisposition.
2009-S935 (ACTIVE) - Sponsor Memo
BILL NUMBER: S935 TITLE OF BILL : An act to amend the insurance law, in relation to genetic predisposition PURPOSE/SUMMARY OF PROVISIONS : Present law requires community rating for individual and small group health policies and limits pre-existing condition exclusions to twelve months. This bill would specify that genetic predisposition to disease, as determined from a genetic test, could not be used to deny coverage or set different rates, and could not be a basis for any pre-existing condition exclusion. Section 1 of the bill amends Section 107 of the insurance law by defining "genetic predisposition". Section 2 amends subsection (a) of S3231 of the Insurance Law to clarify that insurers may not underwrite health insurance based on genetic predisposition under the community rating/open enrollment law. Section 3 amends subsection (b) of Section 3232 of the Insurance Law by providing that no pre-existing condition provision shall exclude coverage on the basis of any genetic predisposition.
2009-S935 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 935 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- 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 genetic predisposition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subsection (a) of section 107 of the insurance law is amended by adding a new paragraph 54 to read as follows: (54) "GENETIC PREDISPOSITION" SHALL MEAN THE PRESENCE OF A VARIATION IN THE COMPOSITION OF THE GENES OF AN INDIVIDUAL OR AN INDIVIDUAL'S FAMILY MEMBER WHICH IS SCIENTIFICALLY OR MEDICALLY IDENTIFIABLE AND WHICH IS DETERMINED TO BE ASSOCIATED WITH AN INCREASED STATISTICAL RISK OF BEING EXPRESSED AS EITHER A PHYSICAL OR MENTAL DISEASE OR DISABILITY IN THE INDIVIDUAL OR HAVING OFFSPRING WITH A GENETICALLY INFLUENCED DISEASE, BUT WHICH HAS NOT RESULTED IN ANY SYMPTOMS OF SUCH DISEASE OR DISORDER. S 2. Subsection (a) of section 3231 of the insurance law, as amended by chapter 661 of the laws of 1997, is amended to read as follows: (a) No individual health insurance policy and no group health insur- ance policy covering between two and fifty employees or members of the group exclusive of spouses and dependents, hereinafter referred to as a small group, providing hospital and/or medical benefits, including medi- care supplemental insurance, shall be issued in this state unless such policy is community rated and, notwithstanding any other provisions of law, the underwriting of such policy involves no more than the imposi- tion of a pre-existing condition limitation as permitted by this arti- cle. Any individual, and dependents of such individual, and any small group, including all employees or group members and dependents of employees or members, applying for individual health insurance coverage, including medicare supplemental coverage, or small group health insur- ance coverage, including medicare supplemental insurance, must be accepted at all times throughout the year for any hospital and/or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06461-01-9
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