Senate Bill S5639B

2023-2024 Legislative Session

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions 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-S5639 - Details

See Assembly Version of this Bill:
A7055
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §§162 & 161-a, Civ Serv L

2023-S5639 - Summary

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

2023-S5639 - Sponsor Memo

2023-S5639 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5639
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation  to  clarifying  that
   the New York state health insurance program remains subject to certain
   provisions of the financial services law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iv) of paragraph  (b)  of  subdivision  1  of
 section 162 of the  civil service law, as amended by section 3 of part T
 of  chapter 56 of the laws of 2010 and as further amended by section 104
 of part A of chapter 62 of the laws of  2011,  is  amended  to  read  as
 follows:
   (iv)  Notwithstanding  the  provisions of this subdivision, the presi-
 dent's election to provide health benefits directly to plan participants
 shall not constitute the doing of insurance business within the  meaning
 of  article eleven of the insurance law; provided however, the provision
 of direct benefits as per this subdivision shall be subject to review by
 the superintendent of financial services for the  purposes  of  ensuring
 compliance  with  applicable  insurance  law  and any and all associated
 insurance rules and regulations as noted in this subdivision.   FURTHER,
 THE PROVISION OF DIRECT BENEFITS AS PER THIS SUBDIVISION, AND ANY ENTITY
 PROVIDING  ADMINISTRATIVE  SERVICES  REGARDING  THOSE BENEFITS, SHALL BE
 SUBJECT TO THE JURISDICTION OF THE DEPARTMENT OF FINANCIAL  SERVICES  IN
 ACCORDANCE  WITH ARTICLE THREE OF THE FINANCIAL SERVICES LAW, AS WELL AS
 THE PROVISIONS OF ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
   § 2. Subparagraph (i) of paragraph (b) of subdivision 1 of section 162
 of the civil service law, as amended by section 3 of part T  of  chapter
 56 of the laws of 2010, is amended to read as follows:
   (i) Any and all health insurance coverage mandated by any law, rule or
 regulation,  including  but not limited to coverage mandated pursuant to
 article forty-three of the insurance law, applicable  to  contracts  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09746-01-3
              

co-Sponsors

2023-S5639A - Details

See Assembly Version of this Bill:
A7055
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §§162 & 161-a, Civ Serv L

2023-S5639A - Summary

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

2023-S5639A - Sponsor Memo

2023-S5639A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5639--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend the civil service law, in relation to clarifying that
   the New York state health insurance program remains subject to certain
   provisions of the financial services law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  of  paragraph (b) of subdivision 1 of
 section 162 of the  civil service law, as amended by section 3 of part T
 of chapter 56 of the laws of 2010 and as further amended by section  104
 of  part  A  of  chapter  62  of the laws of 2011, is amended to read as
 follows:
   (iv) Notwithstanding the provisions of this  subdivision,  the  presi-
 dent's election to provide health benefits directly to plan participants
 shall  not constitute the doing of insurance business within the meaning
 of article eleven of the insurance law; provided however, the  provision
 of direct benefits as per this subdivision shall be subject to review by
 the  superintendent  of  financial services for the purposes of ensuring
 compliance with applicable insurance law  and  any  and  all  associated
 insurance  rules and regulations as noted in this subdivision.  FURTHER,
 THE PROVISION OF DIRECT BENEFITS AS PER THIS SUBDIVISION, AND ANY ENTITY
 PROVIDING ADMINISTRATIVE SERVICES REGARDING  THOSE  BENEFITS,  SHALL  BE
 SUBJECT  TO  THE JURISDICTION OF THE DEPARTMENT OF FINANCIAL SERVICES IN
 ACCORDANCE WITH ARTICLE THREE OF THE FINANCIAL SERVICES LAW, AS WELL  AS
 THE PROVISIONS OF ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
   § 2. Subparagraph (i) of paragraph (b) of subdivision 1 of section 162
 of  the  civil service law, as amended by section 3 of part T of chapter
 56 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09746-02-3
 S. 5639--A                          2
              

co-Sponsors

2023-S5639B (ACTIVE) - Details

See Assembly Version of this Bill:
A7055
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §§162 & 161-a, Civ Serv L

2023-S5639B (ACTIVE) - Summary

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

2023-S5639B (ACTIVE) - Sponsor Memo

2023-S5639B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5639--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, BRESLIN, BROUK, CLEARE, COMRIE, FERNANDEZ,
   HARCKHAM, HOYLMAN-SIGAL, MANNION, MARTINEZ, MATTERA, PALUMBO, SEPULVE-
   DA, WEBB -- read twice and ordered printed, and  when  printed  to  be
   committed  to the Committee on Civil Service and Pensions -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Civil Service and
   Pensions in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the civil service law, in relation to clarifying that
   the New York state health insurance program remains subject to certain
   provisions of the financial services law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 1 of
 section 162 of the civil service law, as amended by section 3 of part  T
 of chapter 56 of the laws of 2010, is amended to read as follows:
   (i) Any and all health insurance coverage mandated by any law, rule or
 regulation,  including  but not limited to coverage mandated pursuant to
 article forty-three of the insurance law, applicable  to  contracts  for
 health  insurance entered into under this section shall be provided in a
 manner assuring uninterrupted continuance of coverage  for  all  covered
 persons. HEALTH BENEFITS SHALL INCLUDE A REQUIREMENT THAT COVERED HEALTH
 CARE  SERVICES  PROVIDED  TO PLAN PARTICIPANTS WILL BE REIMBURSED AT THE
 LEVEL OF AT LEAST EIGHTY PERCENT OF THE USUAL AND CUSTOMARY COST OF EACH
 OUT-OF-NETWORK HEALTH   CARE SERVICE.  AS  USED  IN  THIS  SUBPARAGRAPH,
 "USUAL  AND  CUSTOMARY  COST" SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL
 CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY  A  PROVIDER
 IN  THE  SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL
 AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED  BY  A  NONPROFIT
 ORGANIZATION  SPECIFIED BY THE SUPERINTENDENT OF FINANCIAL SERVICES. For
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09746-04-4
              

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