S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4546
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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  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
              

 S. 4546                             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.