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

                                  8116

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2011
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Insurance

AN  ACT  providing  for  the  role  of agents and brokers in an American
  health benefit exchange created in compliance with the federal Patient
  Protection and Affordable Care Act

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

  Section  1.  For  purposes of this act, the following terms shall have
the following meanings:
  1. The "Patient Protection and Affordable Care Act" means  Public  Law
111-148, 124 Stat. 119, codified as amended at scattered sections of the
Internal Revenue Code and in title 42 of the United States Code.
  2.  "The  exchange"  means  the American health benefit exchange to be
established in this state in compliance with section 1311 of the Patient
Protection and Affordable Care Act.
  3. "Agents" or  "brokers"  mean,  respectively,  insurance  agents  or
insurance brokers duly licensed as such under the insurance law.
  4. "Navigator" means an entity described by 42 U.S.C. S 18031(i).
  S  2.  Upon  the  passage  of any act, law, rule or regulation of this
state, the multiple states or the United  States  creating  an  American
health benefit exchange in this state in compliance with section 1311 of
the  Patient  Protection  and  Affordable  Care  Act,  and to the extent
consistent with the Patient Protection and Affordable Care Act  and  the
regulations promulgated by the United States Secretary of Health & Human
Services  thereunder,  the  following  provisions shall apply to such an
exchange:
  1. The commissioner of insurance shall establish procedures  by  which
agents or brokers may:
  (a)  enroll  individuals and employers in any qualified health plan in
the individual or small group market as soon as  such  plan  is  offered
through the exchange;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11529-01-1
              

A. 8116                             2

  (b)  assist  individuals in applying for premium tax credits and cost-
sharing reductions for plans sold through the exchange; and
  (c)  receive  compensation  for  their  services through the insurance
carriers with which they contract  to  do  business  using  fair  market
rates.
  2. Any navigator through the exchange shall be subject to the existing
licensure  and  continuing  education  requirements  to  which agents or
brokers are subject.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 4. This act shall take effect upon the passage of any act, law, rule
or  regulation  by  this  state  or  by multiple states or by the United
States, which creates an American health benefit exchange in this state,
but if such act,  law,  rule  or  regulation  shall  have  already  been
enacted,  this  act  shall  take  effect  immediately; provided that the
commissioner of insurance shall notify  the  legislative  bill  drafting
commission  upon  the occurrence of the enactment of such act, law, rule
or regulation in order that the commission may maintain an accurate  and
timely effective data base of the official text of the laws of the state
of  New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.