Assembly Bill A9683B

2015-2016 Legislative Session

Requires long term care insurance carriers who propose to raise long term care insurance premiums to obtain prior approval of the superintendent of financial services

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Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A9683 - Details

See Senate Version of this Bill:
S7065
Law Section:
Insurance Law
Laws Affected:
Amd §1117, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2055, S3389
2019-2020: A2941, S6674
2021-2022: A5827, S19
2023-2024: A1812

2015-A9683 - Summary

Requires long term care insurance carriers who propose to raise long term care insurance premiums to obtain prior approval of the superintendent of financial services.

2015-A9683 - Bill Text download pdf 

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

                                  9683

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced by M. of A. MAYER, BUCHWALD, GOTTFRIED, BICHOTTE, BRAUNSTEIN,
  SIMON, McDONOUGH -- Multi-Sponsored by -- M. of A. THIELE -- read once
  and referred to the Committee on Insurance

AN  ACT  to  amend the insurance law, in relation to requiring long term
  care insurance carriers who propose to raise long term care  insurance
  premiums  to  obtain prior approval of the superintendent of financial
  services

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

  Section  1.  Section  3229 of the insurance law, as amended by chapter
659 of the laws of 1997, paragraph 2 of subsection  (a)  as  amended  by
chapter  6 of the laws of 2015, paragraph 3 of subsection (a) as amended
by section 27 of part B of chapter 58 of the laws of 2004 and subsection
(b) as amended by chapter 572 of the laws of 2008, is amended to read as
follows:
  S 3229. Minimum benefit standards for [certain] long term care  plans.
(a) The minimum standards for an insurance plan, which may qualify under
the  partnership  for  long  term care program pursuant to section three
hundred sixty-seven-f of the social services law, shall  be  established
by  regulations  of the superintendent, in consultation with the commis-
sioner of health and the director of the state office for the aging,  as
approved by the director of the budget, which shall require at a minimum
(1) a residential health care facility benefit in an amount to be deter-
mined  by the regulations of the superintendent; (2) a home care benefit
with personal care, nursing care, adult day health care and respite care
services, which shall provide total benefits in an amount determined  by
regulations  of  the superintendent; (3) a duration of benefits not less
than twelve months; and (4) arrangements through the insurance plan  for
managed  care  including preauthorized assessment and referral programs,
utilization controls and use of approved providers.
  (b) In establishing minimum  benefit  standards  for  insurance  plans
pursuant  to  this  section, the superintendent shall seek to ensure the
cost effectiveness of the partnership for long term care program  estab-
lished  pursuant  to  section  three hundred sixty-seven-f of the social

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

co-Sponsors

multi-Sponsors

2015-A9683A - Details

See Senate Version of this Bill:
S7065
Law Section:
Insurance Law
Laws Affected:
Amd §1117, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2055, S3389
2019-2020: A2941, S6674
2021-2022: A5827, S19
2023-2024: A1812

2015-A9683A - Summary

Requires long term care insurance carriers who propose to raise long term care insurance premiums to obtain prior approval of the superintendent of financial services.

2015-A9683A - Bill Text download pdf 

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

                                 9683--A

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced by M. of A. MAYER, BUCHWALD, GOTTFRIED, BICHOTTE, BRAUNSTEIN,
  SIMON,  McDONOUGH, GALEF, ZEBROWSKI, BARRETT, COOK, ABINANTI -- Multi-
  Sponsored by -- M. of A. CROUCH,  GIGLIO,  THIELE  --  read  once  and
  referred  to  the Committee on Insurance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the insurance law, in relation to requiring long term
  care insurance carriers who propose to raise long term care  insurance
  premiums  to  obtain prior approval of the superintendent of financial
  services

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

  Section  1.  Section  1117 of the insurance law is amended by adding a
new subsection (h) to read as follows:
  (H) AN INSURER DESIRING TO INCREASE OR DECREASE PREMIUMS FOR ANY POLI-
CY SUBJECT TO THIS SECTION SHALL SUBMIT A RATE FILING OR APPLICATION  TO
THE  SUPERINTENDENT.    AN  INSURER  SHALL  SEND  WRITTEN  NOTICE OF THE
PROPOSED RATE ADJUSTMENT, INCLUDING THE SPECIFIC  CHANGE  REQUESTED,  TO
EACH  POLICY HOLDER AND CERTIFICATE HOLDER AFFECTED BY THE ADJUSTMENT ON
OR BEFORE THE DATE THE RATE FILING OR APPLICATION IS  SUBMITTED  TO  THE
SUPERINTENDENT. THE NOTICE SHALL PROMINENTLY INCLUDE MAILING AND WEBSITE
ADDRESSES  FOR BOTH THE DEPARTMENT OF FINANCIAL SERVICES AND THE INSURER
THROUGH WHICH A PERSON MAY, WITHIN THIRTY DAYS FROM THE  DATE  THE  RATE
FILING  OR  APPLICATION  IS SUBMITTED TO THE SUPERINTENDENT, CONTACT THE
DEPARTMENT OF FINANCIAL SERVICES OR INSURER TO RECEIVE ADDITIONAL INFOR-
MATION OR TO SUBMIT WRITTEN COMMENTS  TO  THE  DEPARTMENT  OF  FINANCIAL
SERVICES  ON  THE  RATE  FILING OR APPLICATION. THE SUPERINTENDENT SHALL
ESTABLISH A PROCESS TO POST ON SUCH DEPARTMENT'S WEBSITE,  IN  A  TIMELY
MANNER,  ALL  RELEVANT  WRITTEN  COMMENTS  RECEIVED  PERTAINING  TO RATE
FILINGS OR APPLICATIONS. THE INSURER SHALL PROVIDE A COPY OF THE  NOTICE
TO  THE  SUPERINTENDENT  WITH THE RATE FILING OR APPLICATION. THE SUPER-
INTENDENT SHALL IMMEDIATELY CAUSE THE NOTICE TO BE POSTED ON THE DEPART-
MENT OF FINANCIAL SERVICES' WEBSITE. THE SUPERINTENDENT SHALL  DETERMINE
WHETHER THE FILING OR APPLICATION SHALL BECOME EFFECTIVE AS FILED, SHALL

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

co-Sponsors

multi-Sponsors

2015-A9683B (ACTIVE) - Details

See Senate Version of this Bill:
S7065
Law Section:
Insurance Law
Laws Affected:
Amd §1117, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2055, S3389
2019-2020: A2941, S6674
2021-2022: A5827, S19
2023-2024: A1812

2015-A9683B (ACTIVE) - Summary

Requires long term care insurance carriers who propose to raise long term care insurance premiums to obtain prior approval of the superintendent of financial services.

2015-A9683B (ACTIVE) - Bill Text download pdf 

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

                                 9683--B

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced by M. of A. MAYER, BUCHWALD, GOTTFRIED, BICHOTTE, BRAUNSTEIN,
  SIMON,  McDONOUGH, GALEF, ZEBROWSKI, BARRETT, COOK, ABINANTI -- Multi-
  Sponsored by -- M. of A. CROUCH,  GIGLIO,  THIELE  --  read  once  and
  referred  to  the Committee on Insurance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to  requiring  long  term
  care  insurance carriers who propose to raise long term care insurance
  premiums to obtain prior approval of the superintendent  of  financial
  services

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

  Section 1. Paragraph 3 of subsection (f) of section 1117 of the insur-
ance law, as added by chapter 245 of the laws of  1986,  is  amended  to
read as follows:
  (3)  the  premium  rates  for  the  long term care plan are reasonably
related to the benefits provided, and are self-supporting, AS DETERMINED
BY THE SUPERINTENDENT PURSUANT TO SUBSECTION (H) OF THIS SECTION; and
  S 2.  Section 1117 of the insurance law is amended  by  adding  a  new
subsection (h) to read as follows:
  (H) AN INSURER DESIRING TO INCREASE OR DECREASE PREMIUMS FOR ANY POLI-
CY  SUBJECT TO THIS SECTION SHALL SUBMIT A RATE FILING OR APPLICATION TO
THE SUPERINTENDENT.   AN  INSURER  SHALL  SEND  WRITTEN  NOTICE  OF  THE
PROPOSED  RATE  ADJUSTMENT,  INCLUDING THE SPECIFIC CHANGE REQUESTED, TO
EACH POLICY HOLDER AND CERTIFICATE HOLDER AFFECTED BY THE ADJUSTMENT  ON
OR  BEFORE  THE  DATE THE RATE FILING OR APPLICATION IS SUBMITTED TO THE
SUPERINTENDENT. THE NOTICE SHALL PROMINENTLY INCLUDE MAILING AND WEBSITE
ADDRESSES FOR BOTH THE DEPARTMENT OF FINANCIAL SERVICES AND THE  INSURER
THROUGH  WHICH  A  PERSON MAY, WITHIN THIRTY DAYS FROM THE DATE THE RATE
FILING OR APPLICATION IS SUBMITTED TO THE  SUPERINTENDENT,  CONTACT  THE
DEPARTMENT OF FINANCIAL SERVICES OR INSURER TO RECEIVE ADDITIONAL INFOR-
MATION  OR  TO  SUBMIT  WRITTEN  COMMENTS TO THE DEPARTMENT OF FINANCIAL
SERVICES ON THE RATE FILING OR  APPLICATION.  THE  SUPERINTENDENT  SHALL

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

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