S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9741
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M. of A. K. BROWN, CHANG, CURRAN, DeSTEFANO -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  directing  the  state
   comptroller  to  conduct  an  audit  of  the  department  of financial
   services to ensure the agency is meeting its responsibility to  evalu-
   ate and assess insurer compliance with federal and state mental health
   and substance use disorder parity requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  section  41-b
 to read as follows:
   § 41-B. AUDITS OF AGENCIES BY THE COMPTROLLER. 1. AT LEAST BIENNIALLY,
 THE STATE COMPTROLLER SHALL CONDUCT AN AUDIT OF THE DEPARTMENT OF FINAN-
 CIAL SERVICES FOR THE PURPOSE OF ENSURING THE AGENCY MEETS ITS RESPONSI-
 BILITY  TO EVALUATE AND ASSESS INSURER COMPLIANCE WITH FEDERAL AND STATE
 MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY REQUIREMENTS PURSUANT TO
 ARTICLE THREE OF THE INSURANCE LAW.
   2. (A) UPON COMPLETION OF SUCH AUDIT PURSUANT TO  SUBDIVISION  ONE  OF
 THIS  SECTION, THE STATE COMPTROLLER SHALL PUBLISH A REPORT THAT DETAILS
 THE RESULTS OF SUCH AUDIT INCLUDING, BUT NOT LIMITED TO, A DETERMINATION
 OF THE DEPARTMENT OF FINANCIAL SERVICES' ACCURACY AND  EFFECTIVENESS  IN
 MEASURING AND EVALUATING INSURER COMPLIANCE WITH FEDERAL AND STATE PARI-
 TY  REQUIREMENTS,  DETERMINATIONS  OF  COMPLIANCE WITH FEDERAL AND STATE
 PARITY REQUIREMENTS FOR EACH INSURER, AND THOROUGH EXPLANATIONS DESCRIB-
 ING THE REASON, OR REASONS FOR MAKING SUCH COMPLIANCE DETERMINATIONS.
   (B) THE STATE COMPTROLLER SHALL PROVIDE SUCH REPORT TO  THE  GOVERNOR,
 THE ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
 OF  THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER
 OF THE ASSEMBLY, THE CHAIR AND THE RANKING MEMBER OF THE SENATE  COMMIT-
 TEE ON ALCOHOLISM AND SUBSTANCE USE DISORDERS, THE CHAIR AND THE RANKING
 MEMBER  OF  THE  ASSEMBLY  COMMITTEE  ON  ALCOHOLISM AND DRUG ABUSE, THE
 CHAIRS AND THE RANKING MEMBERS OF THE SENATE AND THE ASSEMBLY COMMITTEES
 ON MENTAL HEALTH, AND THE CHAIRS AND THE RANKING MEMBERS OF  THE  SENATE
 AND  THE ASSEMBLY COMMITTEES ON INSURANCE NO LATER THAN THE FIRST DAY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14867-01-4
 A. 9741                             2
 
 JULY OF THE YEAR IMMEDIATELY  SUCCEEDING  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.  SUBSEQUENT REPORTS DETAILING RESULTS AND DETERMINATIONS OF THE
 STATE COMPTROLLER SHALL BE COMPLETED AND PUBLISHED AT  LEAST  BIENNIALLY
 FOLLOWING  PUBLICATION  OF  THE FIRST SUCH REPORT ON OR BEFORE THE FIRST
 DAY OF JULY.
   § 2. This act shall take effect immediately.