NY State Senate Bill 2015-S2795

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to insurance
Jan 29, 2015	referred to insurance

2015-S2795 (ACTIVE) - Details

See Assembly Version of this Bill:: A7991
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §210-a, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4444
2011-2012: S2220, S6210
2013-2014: S3239
2017-2018: S3614, A103
2019-2020: S4817, A160
2021-2022: S5208, A1208
2023-2024: S7909

2015-S2795 (ACTIVE) - Summary

Creates the office of insurance consumer advocate within the department of financial services; provides that the office shall consist of five members; describes powers and duties; provides that such office be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

2015-S2795 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2795

TITLE OF BILL:

An act to amend the insurance law, in relation to establishing the
office of insurance consumer advocate within the department of
financial services and describing its powers and duties

SUMMARY:

The insurance law is amended by adding a new section 210-a to create
the Office of Insurance Consumer Advocate. The duties of such will
include, but not be limited to the review of rate applications,
participation in public hearings, and the review and recommendation of
legislation related to improving the insurance process for consumers.

JUSTIFICATION:

On April 7, 1986 a report of the Governor's Advisory commission on
Liability Insurance, "INSURING OUR FUTURE" - commonly known as the
Jones Commission Report - embraced the idea of creating an Office of
Insurance Consumer Advocate. The report stated that, "Although the
Insurance Department generally attends to the interests of insurance
consumers, there is no New York State appointee who is exclusively
charged with that task of representing consumer interests with respect
to insurance matters." The report continues by stressing that the

rate-making process cannot be completely fair unless "a named
individual is designated to represent this interest (consumer) and is
given full access to the information necessary to intervene on an
informed timely basis."

This recommendation is similar to the Texas law which established the
Division of Consumer protection within the State Board of Insurance to
represent the interest of insurance consumers statewide. with this
report in mind, with the Texas model as an example, and with the large
rate hikes that have been awarded to health insurance carriers, now is
the time to ensure that consumers' point of view is adequately
represented. These increases have a detrimental effect on all
policyholders, but especially those with fixed incomes. Such increases
could force many senior citizens to cancel coverage. Such issues must
be fully analyzed before a rate increase is granted.  customers cannot
continue to sustain these drastic increases.

LEGISLATIVE HISTORY:

2013-14: S.3239 - Referred to Insurance
2012: S.6210 - Referred to Insurance
2011: S.2220( Kruger) - Referred to Insurance

FISCAL IMPLICATIONS:

Not known at this time.

EFFECTIVE DATE:

This act shall take effect 60 days after it shall have become law.

2015-S2795 (ACTIVE) - Bill Text download pdf

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

                                  2795

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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  establishing  the
  office  of insurance consumer advocate within the department of finan-
  cial services and describing its powers and duties

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

  Section  1. The insurance law is amended by adding a new section 210-a
to read as follows:
  S 210-A. OFFICE OF INSURANCE CONSUMER ADVOCATE. (A)  THERE  IS  HEREBY
CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
HEREAFTER  REFERRED  TO IN THIS SECTION AS THE OFFICE. SUCH OFFICE SHALL
CONSIST OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE  SECRE-
TARY  OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE SUPERINTENDENT.
MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
MEMBERS, BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
  (1)  ASSESS  THE  IMPACT  OF  INSURANCE REGULATORY ACTIONS ON NEW YORK
CONSUMERS. SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS  FOR
SUBSCRIBER  RATE  CHANGES  FILED  BY HEALTH INSURANCE PROVIDERS LICENSED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER AND  ARTICLE  FORTY-FOUR
OF THE PUBLIC HEALTH LAW.
  (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
ED  AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE THE
SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
  (3) POSSESS ALL RIGHTS AND POWERS OF ANY PARTY AT  INTEREST  APPEARING
BEFORE  THE  DEPARTMENT WITH REGARD TO EXAMINATION AND CROSS-EXAMINATION
OF WITNESSES AND PRESENTATION OF EVIDENCE.
  (4) HAVE ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL  RECORDS  GATH-
ERED  BY  THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH IS RELE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06849-01-5

S. 2795                             2

VANT TO THE SUBJECT MATTER  INVOLVED  IN  SUCH  PROCEEDINGS  BEFORE  THE
DEPARTMENT.
  (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
  THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
CATES AT ANY OFFICIAL PROCEEDINGS.
  (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
ADMINISTERING AND OPERATING THE OFFICE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S2795

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

2015-S2795 (ACTIVE) - Details

2015-S2795 (ACTIVE) - Summary

2015-S2795 (ACTIVE) - Sponsor Memo

2015-S2795 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2795

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Insurance Committee

2015-S2795 (ACTIVE) - Details

2015-S2795 (ACTIVE) - Summary

2015-S2795 (ACTIVE) - Sponsor Memo

2015-S2795 (ACTIVE) - Bill Text download pdf

Comments