NY State Senate Bill 2021-S5208

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 05, 2022	referred to insurance
Feb 26, 2021	referred to insurance

co-Sponsors

2021-S5208 (ACTIVE) - Details

See Assembly Version of this Bill:: A1208
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
2015-2016: S2795, A7991
2017-2018: S3614, A103
2019-2020: S4817, A160
2023-2024: S7909

2021-S5208 (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.

2021-S5208 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5208

SPONSOR: PARKER
 
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 Divi-
sion 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:

2019-20: S.4817 - Referred to Insurance
2017-18: S.3614 - REFERRED TO INSURANCE
2015-16: S.2795/A.7991 - Referred to Insurance
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.

2021-S5208 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5208
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, SALAZAR -- 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:
   § 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.

                                                            LBD01315-01-1

 S. 5208                             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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S5208

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

2021-S5208 (ACTIVE) - Details

2021-S5208 (ACTIVE) - Summary

2021-S5208 (ACTIVE) - Sponsor Memo

2021-S5208 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5208

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

Julia Salazar

2021-S5208 (ACTIVE) - Details

2021-S5208 (ACTIVE) - Summary

2021-S5208 (ACTIVE) - Sponsor Memo

2021-S5208 (ACTIVE) - Bill Text download pdf

Comments