Senate Bill S3234A

2023-2024 Legislative Session

Relates to prohibiting the exclusion of coverage based upon gender indication on insurance claim forms

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-S3234 - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5330
2021-2022: S726

2023-S3234 - Summary

Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2023-S3234 - Sponsor Memo

2023-S3234 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3234
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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
 CARE  SHALL  NOT EXCLUDE COVERAGE FOR SCREENING, DIAGNOSIS AND TREATMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-01-3
              

co-Sponsors

2023-S3234A (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5330
2021-2022: S726

2023-S3234A (ACTIVE) - Summary

Relates to gender indication on insurance claim forms; provides policies shall not exclude coverage if gender indication is different from sex assigned at birth or gender otherwise recorded.

2023-S3234A (ACTIVE) - Sponsor Memo

2023-S3234A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3234--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Insurance --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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
 HEREIN  SHALL  LIMIT  THE  INSURER'S  ABILITY  TO TAKE REASONABLE STEPS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04905-02-3
              

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