S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1711
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the insurance law, in relation to life, accident and
   health insurance; discriminating and rebating; prohibited  inducements
   and independent sales
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (f) of section 4224  of  the  insurance  law  is
 amended by adding a new paragraph 3 to read as follows:
   (3)  NOTWITHSTANDING  SUBSECTION (C) OF THIS SECTION, A LICENSED AGENT
 OR INSURANCE BROKER MAY PROVIDE THE FOLLOWING SERVICES WITHOUT  CHARGING
 A  SERVICE  FEE  OR,  IN  THE CASE OF A LICENSED INSURANCE BROKER, FOR A
 SEPARATE SERVICE FEE PURSUANT TO A WRITTEN MEMORANDUM MADE IN ACCORDANCE
 WITH SUBSECTION (C) OF SECTION TWO THOUSAND ONE HUNDRED NINETEEN OF THIS
 CHAPTER, IF SUCH SERVICES ARE PROVIDED IN A FAIR  AND  NONDISCRIMINATORY
 MANNER  AND  INCIDENTAL TO A GROUP OR BLANKET POLICY OR CONTRACT SOLD BY
 THE INSURANCE AGENT OR INSURANCE BROKER:
   (I) RISK ASSESSMENT, INCLUDING IDENTIFYING SOURCES OF RISK AND  DEVEL-
 OPING STRATEGIES FOR ELIMINATING OR LIMITING THOSE RISKS;
   (II) INSURANCE CONSULTING SERVICES OR OTHER INSURANCE-RELATED ADVICE;
   (III) INSURANCE-RELATED REGULATORY AND LEGISLATIVE UPDATES;
   (IV)  CERTAIN CLAIMS ASSISTANCE SERVICES (INCLUDING THE PREPARATION OF
 CLAIMS FORMS), BUT EXCLUDING ADJUSTMENT, UNLESS THE EXCEPTIONS SET FORTH
 IN SUBSECTION (G) OF SECTION TWO THOUSAND ONE HUNDRED ONE OF THIS  CHAP-
 TER ARE SATISFIED;
   (V)  TAX  PREPARATION  ON  BEHALF  OF AN EMPLOYER OF SCHEDULE A OF THE
 INTERNAL REVENUE SERVICE FORM FIFTY-FIVE HUNDRED ANNUAL RETURN/REPORT OF
 EMPLOYEE BENEFIT PLAN, WHICH REQUESTS  INFORMATION  REGARDING  INSURANCE
 CONTRACT   COVERAGE,  FEES,  AND  COMMISSIONS,  INVESTMENT  AND  ANNUITY
 CONTRACTS, AND WELFARE BENEFIT CONTRACTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02480-01-7
              

 A. 1711                             2
 
   (VI) INFORMATION TO GROUP POLICY OR CONTRACT HOLDERS AND MEMBERS UNDER
 GROUP INSURANCE POLICIES CURRENTLY IN PLACE, AS WELL AS FORMS NEEDED FOR
 PLAN ADMINISTRATION, ENROLLMENT IN A PLAN, INSURER  WEBSITE  LINKS,  AND
 ANSWERS  TO FREQUENTLY ASKED QUESTIONS RELATED TO THE INSURANCE (INCLUD-
 ING,  FOR  EXAMPLE,  ACCESS  THROUGH A WEBSITE, CREATED BY THE INSURANCE
 PRODUCER, TO AN EMPLOYEE BENEFIT PORTAL THAT CONTAINS SUCH INFORMATION);
   (VII) CERTAIN SERVICES PERFORMED PURSUANT TO THE FEDERAL  CONSOLIDATED
 OMNIBUS  BUDGET  RECONCILIATION  ACT  (COBRA),  SUCH  AS  BILLING FORMER
 EMPLOYEES, COLLECTING THE INSURANCE PREMIUMS, AND FORWARDING THE  AGGRE-
 GATE PREMIUMS TO THE EMPLOYER POLICY OR CONTRACT HOLDER OR TO THE INSUR-
 ER, WHEN OFFERED IN CONNECTION WITH THE PROVISION OF ACCIDENT AND HEALTH
 INSURANCE; AND
   (VIII) CERTAIN SERVICES PROVIDED IN ACCORDANCE WITH THE FEDERAL HEALTH
 INSURANCE  PORTABILITY  AND ACCOUNTABILITY ACT, SUCH AS THOSE PERTAINING
 TO HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY,  WHEN  OFFERED  IN
 CONNECTION WITH THE PROVISION OF ACCIDENT AND HEALTH INSURANCE.
   § 2. This act shall take effect immediately.