S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1682
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
   SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of  A.  SAYEGH  --
   read once and referred to the Committee on Insurance
 
 AN  ACT  to amend the insurance law, in relation to gender indication on
   claim forms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 39 to read as follows:
   (39) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE  THAT
 PROVIDES  COVERAGE  FOR  HOSPITAL,  SURGICAL  OR  MEDICAL CARE SHALL NOT
 EXCLUDE COVERAGE FOR  SCREENING,  DIAGNOSIS  AND  TREATMENT  OF  MEDICAL
 CONDITIONS,  OR  SERVICES  OTHERWISE COVERED BY THE POLICY SOLELY ON THE
 BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE GENDER  INDI-
 CATED  ON  A  CLAIM FORM IS DIFFERENT FROM THE INSURED'S SEX ASSIGNED AT
 BIRTH OR GENDER OTHERWISE RECORDED, OR THAT THE INSURED IS  NOT  OF  THE
 GENDER TO WHOM A SERVICE IS TYPICALLY OR EXCLUSIVELY PROVIDED.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22)  EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE THAT
 PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  SHALL  NOT
 EXCLUDE  COVERAGE  FOR  SCREENING,  DIAGNOSIS  AND  TREATMENT OF MEDICAL
 CONDITIONS, OR SERVICES OTHERWISE COVERED BY THE POLICY  SOLELY  ON  THE
 BASIS  OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE GENDER INDI-
 CATED ON A CLAIM FORM IS DIFFERENT FROM THE INSURED'S  SEX  ASSIGNED  AT
 BIRTH  OR  GENDER  OTHERWISE RECORDED, OR THAT THE INSURED IS NOT OF THE
 GENDER TO WHOM A SERVICE IS TYPICALLY OR EXCLUSIVELY PROVIDED.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (uu) to read as follows:
   (UU)  EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-01-3
              

 A. 1682                             2
 
 CARE SHALL NOT EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS  AND  TREATMENT
 OF  MEDICAL  CONDITIONS,  OR  SERVICES OTHERWISE COVERED BY THE CONTRACT
 SOLELY ON THE BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR THAT THE
 GENDER  INDICATED  ON  A  CLAIM FORM IS DIFFERENT FROM THE INSURED'S SEX
 ASSIGNED AT BIRTH OR GENDER OTHERWISE RECORDED, OR THAT THE  INSURED  IS
 NOT  OF  THE  GENDER  TO  WHOM  A  SERVICE  IS  TYPICALLY OR EXCLUSIVELY
 PROVIDED.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies and contracts issued, renewed, modified, altered or amended  on
 and after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1682--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
   SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of  A.  SAYEGH  --
   read  once  and  referred  to  the Committee on Insurance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the insurance law, in relation to prohibiting the exclu-
   sion of coverage based upon gender indication on claim forms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 39 to read as follows:
   (39) EVERY POLICY THAT PROVIDES COVERAGE  FOR  HOSPITAL,  SURGICAL  OR
 MEDICAL  CARE  SHALL  NOT  EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS AND
 TREATMENT OF MEDICAL CONDITIONS, OR SERVICES OTHERWISE  COVERED  BY  THE
 POLICY  SOLELY  ON THE BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR
 THAT THE GENDER  INDICATED  ON  A  CLAIM  FORM  IS  DIFFERENT  FROM  THE
 INSURED'S  SEX  ASSIGNED  AT BIRTH OR GENDER OTHERWISE RECORDED, OR THAT
 THE INSURED IS NOT OF THE GENDER TO WHOM A SERVICE IS PROVIDED.  NOTHING
 HEREIN  SHALL  LIMIT  THE  INSURER'S  ABILITY  TO TAKE REASONABLE STEPS,
 INCLUDING REQUESTING ADDITIONAL INFORMATION, TO  DETERMINE  WHETHER  THE
 INSURED  IS ELIGIBLE FOR THE SERVICES, TO REVIEW THE CLAIM FOR POTENTIAL
 FRAUD, OR TO REVIEW THE CLAIM FOR CLINICAL APPROPRIATENESS.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY POLICY THAT PROVIDES COVERAGE  FOR  HOSPITAL,  SURGICAL  OR
 MEDICAL  CARE  SHALL  NOT  EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS AND
 TREATMENT OF MEDICAL CONDITIONS, OR SERVICES OTHERWISE  COVERED  BY  THE
 POLICY  SOLELY  ON THE BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR
 THAT THE GENDER  INDICATED  ON  A  CLAIM  FORM  IS  DIFFERENT  FROM  THE
 INSURED'S  SEX  ASSIGNED  AT BIRTH OR GENDER OTHERWISE RECORDED, OR THAT
 THE INSURED IS NOT OF THE GENDER TO WHOM A SERVICE IS PROVIDED.  NOTHING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-03-3
              

 A. 1682--A                          2
 
 HEREIN  SHALL  LIMIT  THE  INSURER'S  ABILITY  TO TAKE REASONABLE STEPS,
 INCLUDING REQUESTING ADDITIONAL INFORMATION, TO  DETERMINE  WHETHER  THE
 INSURED  IS ELIGIBLE FOR THE SERVICES, TO REVIEW THE CLAIM FOR POTENTIAL
 FRAUD, OR TO REVIEW THE CLAIM FOR CLINICAL APPROPRIATENESS.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (vv) to read as follows:
   (VV) EVERY CONTRACT THAT PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL  OR
 MEDICAL  CARE  SHALL  NOT  EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS AND
 TREATMENT OF MEDICAL CONDITIONS, OR SERVICES OTHERWISE  COVERED  BY  THE
 CONTRACT SOLELY ON THE BASIS OF THE GENDER INDICATED ON A CLAIM FORM, OR
 THAT  THE  GENDER  INDICATED  ON  A  CLAIM  FORM  IS  DIFFERENT FROM THE
 INSURED'S SEX ASSIGNED AT BIRTH OR GENDER OTHERWISE  RECORDED,  OR  THAT
 THE  INSURED IS NOT OF THE GENDER TO WHOM A SERVICE IS PROVIDED. NOTHING
 HEREIN SHALL LIMIT THE  INSURER'S  ABILITY  TO  TAKE  REASONABLE  STEPS,
 INCLUDING  REQUESTING  ADDITIONAL  INFORMATION, TO DETERMINE WHETHER THE
 INSURED IS ELIGIBLE FOR THE SERVICES, TO REVIEW THE CLAIM FOR  POTENTIAL
 FRAUD, OR TO REVIEW THE CLAIM FOR CLINICAL APPROPRIATENESS.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies  and contracts issued, renewed, modified, altered or amended on
 or after such effective date.