Text of NY A 11031 (2018)

STATE OF NEW YORK ________________________________________________________________________ 11031 IN ASSEMBLY May 31, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner, O'Donnell) -- 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: 1 Section 1. Subsection (a) of section 3224 of the insurance law is 2 amended to read as follows: 3 (a) The superintendent shall establish standard claim forms for the 4 services of hospitals, physicians and other health care providers to be 5 used for all accident and health insurance claims. All insurers provid- 6 ing such insurance shall accept said standard claim forms when submitted 7 by a hospital, physician or other health care provider covering services 8 rendered to an individual covered by the policy or when submitted by an 9 insured covering these same services. Corporations operating under arti- 10 cle forty-three of this chapter shall be required to use standard claim 11 forms as established by the superintendent pursuant to this section. 12 Such standard claim forms shall include at least three gender options 13 pursuant to regulations issued by the superintendent of financial 14 services. 15 § 2. Subsection (i) of section 3216 of the insurance law is amended by 16 adding a new paragraph 35 to read as follows: 17 (35) Every policy delivered or issued for delivery in this state that 18 provides coverage for hospital, surgical or medical care shall not 19 exclude coverage for screening, diagnosis and treatment of medical 20 conditions, or services otherwise covered by the policy solely on the 21 basis of the gender indicated on a claim form, or that the gender indi- 22 cated on a claim form is different from the insured's sex assigned at 23 birth or gender otherwise recorded, or that the insured is not of the 24 gender to whom a service is typically or exclusively provided. 25 § 3. Subsection (l) of section 3221 of the insurance law is amended by 26 adding a new paragraph 21 to read as follows: 27 (21) Every policy delivered or issued for delivery in this state that 28 provides coverage for hospital, surgical or medical care shall not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16138-01-8 A. 11031 2 1 exclude coverage for screening, diagnosis and treatment of medical 2 conditions, or services otherwise covered by the policy solely on the 3 basis of the gender indicated on a claim form, or that the gender indi- 4 cated on a claim form is different from the insured's sex assigned at 5 birth or gender otherwise recorded, or that the insured is not of the 6 gender to whom a service is typically or exclusively provided. 7 § 4. Section 4303 of the insurance law is amended by adding a new 8 subsection (ss) to read as follows: 9 (ss) Every contract issued by a corporation subject to the provisions 10 of this article that provides coverage for hospital, surgical or medical 11 care shall not exclude coverage for screening, diagnosis and treatment 12 of medical conditions, or services otherwise covered by the contract 13 solely on the basis of the gender indicated on a claim form, or that the 14 gender indicated on a claim form is different from the insured's sex 15 assigned at birth or gender otherwise recorded, or that the insured is 16 not of the gender to whom a service is typically or exclusively 17 provided. 18 § 5. This act shall take effect on the first of January next succeed- 19 ing the date on which it shall have become a law and shall apply to 20 policies and contracts issued, renewed, modified, altered or amended on 21 and after such date.