Text of NY A 2368 (2010)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A02368 Summary: BILL NOA02368B SAME ASSAME AS S00960-B SPONSORO'Donnell (MS) COSPNSRBing, Powell, Gottfried, Kavanagh, Rosenthal, Millman, Heastie MLTSPNSRGlick, Hoyt, Kellner, Lifton, McEneny, Perry, Pheffer, Sweeney Amd SS3216, 3221, 4304 & 4305, Ins L Requires insurers providing family health insurance coverage to offer coverage for the domestic partner of an insured person according to qualification standards to be adopted by the superintendent. Go to top A02368 Text: STATE OF NEW YORK ________________________________________________________________________ 2368--B 2009-2010 Regular Sessions IN ASSEMBLY January 15, 2009 ___________ Introduced by M. of A. O'DONNELL, BING, POWELL, GOTTFRIED, KAVANAGH, ROSENTHAL -- Multi-Sponsored by -- M. of A. GLICK, HOYT, KELLNER, LIFTON, McENENY, PERRY, PHEFFER, SWEENEY -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the insurance law, in relation to health insurance bene- fits for domestic partners The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 3 of subsection (a) of section 3216 of the insur- 2 ance law is amended and a new paragraph 5 is added to read as follows: 3 (3) "Family" may include husband, wife, domestic partner or dependent 4 children, or any other person dependent upon the policyholder. 5 (5) "Domestic partner" shall mean a person who with respect to another 6 person: 7 (A) is formally a party in a domestic partnership or similar relation- 8 ship with the other person, entered into pursuant to the laws of the 9 United States or of any state, local or foreign jurisdiction, or regis- 10 tered as the domestic partner of the other person with any registry 11 maintained by the employer of either party or any state, municipality, 12 or foreign jurisdiction; or 13 (B) is dependent or mutually interdependent on the other person for 14 support, as evidenced by the totality of the circumstances indicating a 15 mutual intent to be domestic partners including, but not limited to: 16 common ownership or joint leasing of real or personal property; common 17 householding, shared income or shared expenses; children in common; 18 signs of intent to marry or become domestic partners; or the length of 19 the personal relationship of the persons. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00041-06-0 A. 2368--B 2 1 § 2. Paragraph 4 of subsection (c) of section 3216 of the insurance 2 law is amended by adding a new subparagraph (D) to read as follows: 3 (D) The superintendent shall, within one hundred eighty days of the 4 effective date of this subparagraph, provide for qualification standards 5 for domestic partner benefits by regulation. Such regulations: 6 (i) shall prohibit the coverage of more than one domestic partner at 7 the same time under a family contract, or coverage of a domestic partner 8 of an insured or certificate holder who is also married, or coverage as 9 a domestic partner of anyone less than eighteen years of age or any 10 person who is related to the other person by blood in a manner that 11 would bar marriage to the other person in New York state; 12 (ii) shall provide for the coverage of a dependent child of a domestic 13 partner under the same terms and conditions as would apply to a depend- 14 ent child of the insured or certificate holder or spouse of such insured 15 or certificate holder; 16 (iii) shall include a provision which deems as qualified any person 17 who submits proof that he or she is formally a party to a domestic part- 18 nership, or similar relationship, entered into with the insured or 19 certificate holder pursuant to the laws of the United States or of any 20 state, local or foreign jurisdiction; 21 (iv) shall, as an alternative to clause (iii) of this subparagraph, 22 provide for other means of demonstrating a domestic partner relationship 23 including, but not limited to, an affidavit attesting to the relation- 24 ship; 25 (v) shall provide for reasonable procedures for notification of the 26 corporation by the insured or certificate holder of the end of the 27 domestic partner relationship; 28 (vi) may, for persons who are not deemed as qualified pursuant to 29 clause (iii) or (iv) of this subparagraph, include provisions requiring 30 prior cohabitation of the insured or certificate holder and the domestic 31 partner, provided that such period of required cohabitation may not 32 exceed six months; and 33 (vii) may, for persons who are not deemed as qualified pursuant to 34 clause (iii) or (iv) of this subparagraph, require the submission of 35 reasonable documentation of residence and financial interdependence of 36 the kind commonly available to married persons including, but not limit- 37 ed to, income tax returns, passports, drivers' licenses, utility bills, 38 leases, deeds, joint banking and credit card accounts, retirement 39 accounts and insurance policies and benefit statements. 40 § 3. Section 3221 of the insurance law is amended by adding two new 41 subsections (s) and (t) to read as follows: 42 (s) A group policy providing hospital, surgical or medical expense 43 insurance other than accident only to a family member of the policy or 44 certificate holder must, if requested by the policyholder, make avail- 45 able and, if requested by the insured or certificate holder, provide 46 coverage for the domestic partner of the insured or certificate holder. 47 For the purposes of this section, "domestic partner" shall mean a person 48 who with respect to another person: 49 (1) is formally a party in a domestic partnership or similar relation- 50 ship with the other person, entered into pursuant to the laws of the 51 United States or of any state, local or foreign jurisdiction, or regis- 52 tered as the domestic partner of the other person with any registry 53 maintained by the employer of either party or any state, municipality, 54 or foreign jurisdiction; or 55 (2) is dependent or mutually interdependent on the other person for 56 support, as evidenced by the totality of the circumstances indicating a A. 2368--B 3 1 mutual intent to be domestic partners including but not limited to: 2 common ownership or joint leasing of real or personal property; common 3 householding, shared income or shared expenses; children in common; 4 signs of intent to marry or become domestic partners or the length of 5 the personal relationship of the persons. 6 (t) The superintendent shall, within one hundred eighty days of the 7 effective date of this subsection, provide for qualification standards 8 for domestic partner benefits by regulation. Such regulations: 9 (1) shall prohibit the coverage of more than one domestic partner at 10 the same time under a family contract, or coverage of a domestic partner 11 of an insured or certificate holder who is also married, or coverage as 12 a domestic partner of anyone less than eighteen years of age or any 13 person who is related to the other person by blood in a manner that 14 would bar marriage to the other person in New York state; 15 (2) shall provide for the coverage of a dependent child of a domestic 16 partner under the same terms and conditions as would apply to a depend- 17 ent child of the insured or certificate holder or spouse of such insured 18 or certificate holder; 19 (3) shall include a provision which deems as qualified any person who 20 submits proof that he or she is formally a party to a domestic partner- 21 ship, or similar relationship, entered into with the insured or certif- 22 icate holder pursuant to the laws of the United States, or of any state, 23 local or foreign jurisdiction; 24 (4) shall, as an alternative to paragraph three of this subsection, 25 provide for other means of demonstrating a domestic partner relationship 26 including, but not limited to, an affidavit attesting to the relation- 27 ship; 28 (5) shall provide for reasonable procedures for notification of the 29 insurer by the insured or certificate holder of the end of the domestic 30 partner relationship; 31 (6) may, for persons not deemed as qualified pursuant to paragraph 32 three or four of this subsection, include provisions requiring prior 33 cohabitation of the insured or certificate holder and the domestic part- 34 ner, provided that such period of required cohabitation may not exceed 35 six months; and 36 (7) may, for persons not deemed as qualified pursuant to paragraph 37 three or four of this subsection, require the submission of reasonable 38 documentation of residence and financial interdependence of the kind 39 commonly available to married persons including, but not limited to, 40 income tax returns, passports, drivers' licenses, utility bills, leases, 41 deeds, joint banking and credit card accounts, retirement accounts and 42 insurance policies and benefit statements. 43 § 4. Subparagraph (A) of paragraph 1 of subsection (d) of section 4304 44 of the insurance law, as amended by chapter 240 of the laws of 2009, is 45 amended and two new paragraphs 4 and 5 are added to read as follows: 46 (A) No contract issued pursuant to this section shall entitle more 47 than one person to benefits except that a contract issued and marked as 48 a "family contract" may provide that benefits will be furnished to a 49 husband and wife, or husband, wife or domestic partner and their depend- 50 ent child or children, or any child or children not over nineteen years 51 of age, provided that an unmarried student at an accredited institution 52 of learning may be considered a dependent until he or she becomes twen- 53 ty-three years of age, provided that the coverage of any such "family 54 contract" may include, at the option of the insurer, any unmarried child 55 until attaining age twenty-five, and provided also that the coverage of 56 any such "family contract" shall include any other unmarried child, A. 2368--B 4 1 regardless of age, who is incapable of self-sustaining employment by 2 reason of mental illness, developmental disability, mental retardation, 3 as defined in the mental hygiene law, or physical handicap and who 4 became so incapable prior to attainment of the age at which dependent 5 coverage would otherwise terminate, so that such child may be considered 6 a dependent. 7 (4) A hospital service corporation or health service corporation which 8 provides a "family contract" to an individual or a group must, if 9 requested by the policyholder, make available and, if requested by the 10 insured or certificate holder, provide coverage for the domestic partner 11 of the insured or certificate holder. For the purposes of this section, 12 "domestic partner" shall mean a person who with respect to another 13 person: 14 (A) is formally a party in a domestic partnership or similar relation- 15 ship with the other person, entered into pursuant to the laws of the 16 United States or of any state, local or foreign jurisdiction, or regis- 17 tered as the domestic partner of the other person with any registry 18 maintained by the employer of either party or any state, municipality, 19 or foreign jurisdiction; or 20 (B) is dependent or mutually interdependent on the other person for 21 support, as evidenced by the totality of the circumstances indicating a 22 mutual intent to be domestic partners including but not limited to: 23 common ownership or joint leasing of real or personal property; common 24 householding, shared income or shared expenses; children in common; 25 signs of intent to marry or become domestic partners; or the length of 26 the personal relationship of the persons. 27 (5) The superintendent shall, within one hundred eighty days of the 28 effective date of this paragraph, provide for qualification standards 29 for domestic partner benefits by regulation. Such regulation: 30 (A) shall prohibit the coverage of more than one domestic partner at 31 the same time under a family contract, or coverage of a domestic partner 32 of an insured or certificate holder who is also married, or coverage as 33 a domestic partner of anyone less than eighteen years of age or any 34 person who is related to the other person by blood in a manner that 35 would bar marriage to the other person in New York state; 36 (B) shall provide for the coverage of a dependent child of a domestic 37 partner under the same terms and conditions as would apply to a depend- 38 ent child of the insured or certificate holder or spouse of such insured 39 or certificate holder; 40 (C) shall include a provision which deems as qualified any person who 41 submits proof that he or she is formally a party to a domestic partner- 42 ship, or similar relationship, entered into with the insured or certif- 43 icate holder pursuant to the laws of the United States or of any state, 44 local or foreign jurisdiction; 45 (D) shall, as an alternative to subparagraph (C) of this paragraph, 46 provide for other means of demonstrating a domestic partner relationship 47 including, but not limited to, an affidavit attesting to the relation- 48 ship; 49 (E) shall provide for reasonable procedures for notification of the 50 corporation by the insured or certificate holder of the end of the 51 domestic partner relationship; 52 (F) may, for persons not deemed as qualified pursuant to subparagraph 53 (C) or (D) of this paragraph, include provisions requiring prior cohabi- 54 tation of the insured or certificate holder and the domestic partner, 55 provided that such period of required cohabitation may not exceed six 56 months; and A. 2368--B 5 1 (G) may, for persons not deemed as qualified pursuant to subparagraph 2 (C) or (D) of this paragraph, require the submission of reasonable 3 documentation of residence and financial interdependence of the kind 4 commonly available to married persons including, but not limited to, 5 income tax returns, passports, drivers' licenses, utility bills, leases, 6 deeds, joint banking and credit card accounts, retirement accounts and 7 insurance policies and benefit statements. 8 § 5. Subparagraphs (A) and (C) of paragraph 1 of subsection (c) of 9 section 4305 of the insurance law, as amended by chapter 240 of the laws 10 of 2009, are amended and two new paragraphs 3 and 4 are added to read as 11 follows: 12 (A) Any such contract may provide that benefits will be furnished to a 13 member of a covered group, for [himself, his spouse, his] such member 14 and the spouse, domestic partner, child or children of such member, or 15 other persons chiefly dependent upon him or her for support and mainte- 16 nance; provided that a contract under which coverage of a dependent of a 17 member terminates at a specified age shall, with respect to an unmarried 18 child who is incapable of self-sustaining employment by reason of mental 19 illness, developmental disability, mental retardation, as defined in the 20 mental hygiene law, or physical handicap and who became so incapable 21 prior to attainment of the age at which dependent coverage would other- 22 wise terminate and who is chiefly dependent upon such member for support 23 and maintenance, not so terminate while the contract remains in force 24 and the dependent remains in such condition, if the member has within 25 thirty-one days of such dependent's attainment of the termination age 26 submitted proof of such dependent's incapacity as described herein. 27 (C) Notwithstanding any rule, regulation or law to the contrary, any 28 contract under which a member elects coverage for [himself, his spouse, 29 his] such member and the spouse, domestic partner, children or other 30 persons chiefly dependent upon him or her for support and maintenance 31 shall provide that coverage of newborn infants, including newly born 32 infants adopted by the insured or subscriber if such insured or 33 subscriber takes physical custody of the infant upon such infant's 34 release from the hospital and files a petition pursuant to section one 35 hundred fifteen-c of the domestic relations law within thirty days of 36 birth; and provided further that no notice of revocation to the adoption 37 has been filed pursuant to section one hundred fifteen-b of the domestic 38 relations law and consent to the adoption has not been revoked, shall be 39 effective from the moment of birth for injury or sickness including the 40 necessary care and treatment of medically diagnosed congenital defects 41 and birth abnormalities including premature birth, except that in cases 42 of adoption, coverage of the initial hospital stay shall not be required 43 where a birth parent has insurance coverage available for the infant's 44 care. This provision regarding coverage of newborn infants shall not 45 apply to two person coverage. In the case of individual or two person 46 coverages the corporation must also permit the person to whom the 47 certificate is issued to elect such coverage of newborn infants from the 48 moment of birth. If notification and/or payment of an additional premium 49 or contribution is required to make coverage effective for a newborn 50 infant, the coverage may provide that such notice and/or payment be made 51 within no less than thirty days of the day of birth to make coverage 52 effective from the moment of birth. This election shall not be required 53 in the case of student insurance or where the group's plan does not 54 provide coverage for dependent children. 55 (3) A hospital service corporation or health service corporation which 56 provides a "family contract" to an individual or a group must, if A. 2368--B 6 1 requested by the policyholder, make available and, if requested by the 2 insured or certificate holder, provide coverage for the domestic partner 3 of the insured or certificate holder. For the purposes of this section, 4 "domestic partner" shall mean a person who with respect to another 5 person: 6 (A) is formally a party in a domestic partnership or similar relation- 7 ship with the other person, entered into pursuant to the laws of the 8 United States or of any state, local or foreign jurisdiction, or regis- 9 tered as the domestic partner of the other person with any registry 10 maintained by the employer of either party or any state, municipality, 11 or foreign jurisdiction; or 12 (B) is dependent or mutually interdependent on the other person for 13 support, as evidenced by the totality of the circumstances indicating a 14 mutual intent to be domestic partners including, but not limited to: 15 common ownership or joint leasing of real or personal property; common 16 householding, shared income or shared expenses; children in common; 17 signs of intent to marry or become domestic partners; or the length of 18 the personal relationship of the persons. 19 (4) The superintendent shall, within one hundred eighty days of the 20 effective date of this paragraph, provide for qualification standards 21 for domestic partner benefits by regulation. Such regulations: 22 (A) shall prohibit the coverage of more than one domestic partner at 23 the same time under a family contract, or coverage of a domestic partner 24 of an insured or certificate holder who is also married, or coverage as 25 a domestic partner of anyone less than eighteen years of age or any 26 person who is related to the other person by blood in a manner that 27 would bar marriage to the other person in New York state; 28 (B) shall provide for the coverage of a dependent child of a domestic 29 partner under the same terms and conditions as would apply to a depend- 30 ent child of the insured or certificate holder or spouse of such insured 31 or certificate holder; 32 (C) shall include a provision which deems as qualified any person who 33 submits proof that he or she is formally a party to a domestic partner- 34 ship, or similar relationship, entered into with the insured or certif- 35 icate holder pursuant to the laws of the United States, or of any state, 36 local or foreign jurisdiction; 37 (D) shall, as an alternative to subparagraph (C) of this paragraph, 38 provide for other means of demonstrating a domestic partner relationship 39 including, but not limited to, an affidavit attesting to the relation- 40 ship; 41 (E) shall provide for reasonable procedures for notification of the 42 corporation by the insured or certificate holder of the end of the 43 domestic partner relationship; 44 (F) may, for persons not deemed as qualified pursuant to subparagraph 45 (C) or (D) of this paragraph, include provisions requiring prior cohabi- 46 tation of the insured or certificate holder and the domestic partner, 47 provided that such period of required cohabitation may not exceed six 48 months; and 49 (G) may, for persons not deemed as qualified pursuant to subparagraph 50 (C) or (D) of this paragraph, require the submission of reasonable 51 documentation of residence and financial interdependence of the kind 52 commonly available to married persons including, but not limited to, 53 income tax returns, passports, drivers' licenses, utility bills, leases, 54 deeds, joint banking and credit card accounts, retirement accounts and 55 insurance policies and benefit statements. 56 § 6. This act shall take effect immediately. Go to top Sitemap Request Information Directions and Maps