2015 Insurance-Related Legislative Summaries
Mutual and Co-operative Property/Casualty Insurer Information Technology Upgrade Chapter Amendment
Ch. 1 of the Laws of 2015
Chapter 1 amended the Insurance Law to make technical changes to Chapter 527 of the Laws of 2014 with regard to a mutual or co-operative property/casualty insurer’s upgrade of its information technology.
Telehealth Chapter Amendment
Ch. 6 of the Laws of 2015
Chapter 6 amended the Insurance Law, Public Health Law, and Social Services Law to make technical changes to Chapter 550 of the Laws of 2014 with regard to telehealth delivery of services.
Continuing Care Retirement Community Chapter Amendment
Ch. 7 of the Laws of 2015
Chapter 7 amended the Public Health Law to make technical changes to Chapter 549 of the Laws of 2014 with regard to continuing care retirement communities.
Certificate of Insurance Chapter Amendment
Ch. 8 of the Laws of 2015
Chapter 8 amended the Insurance Law to make technical changes to Chapter 552 of the Laws of 2014 with regard to certificates of insurance.
Free Trade Zone Sunset Extenders
Ch. 24 of the Laws of 2015
Chapter 24 amended the Insurance Law to extend, until December 31, 2018, the Superintendent of Financial Services’ ability to issue a special risk insurance license to certain domestic property/casualty insurers under Insurance Law Article 63 to write insurance in the “free trade zone”, and to extend, until June 30, 2019, the exemption from rate and form filing requirements for certain property/casualty policies issued to a “large commercial insured” that employs or retains a special risk manager.
Medical Malpractice Insurer Exemption Sunset Extenders
Part X of Ch. 57 of the Laws of 2015
Part X of Chapter 57 amended the Insurance Law to extend, until December 31, 2019, the exemption for certain medical malpractice insurers from risk-based capital requirements and from being placed into rehabilitation or liquidation.
NYS Health Insurance Continuation Assistance Demonstration Project Sunset Extender
Part GG of Ch. 58 of the Laws of 2015
Part GG of Chapter 58 amended section 4 of Chapter 495 of the laws of 2004, as amended by section 1 of Part GG of Chapter 57 of the Laws of 2014, to extend until July 1, 2016 the New York State Health Insurance Continuation Assistance Demonstration Project.
Nail Salons
Ch. 80 of the Laws of 2015
Chapter 80 amended the General Business Law in relevant part to require the Department of Financial Services to certify in writing to the Secretary of State that any bonds or liability insurance that is required by the Department of State is readily available to appearance enhancement businesses from the marketplace.
Waivers for Families of Terrorist Attack Victims
Ch. 361 of the Laws of 2015
Chapter 361 amended the General Obligations Law to permit insurers that issue annuity contracts or their employees or representatives to waive commissions or other compensation due in connection with the sale of an annuity contract to an immediate family member of a terrorist attack victim.
Expedited Utilization Review of Court-Ordered Mental Health or Substance Use Disorder Services
Ch. 371 of the Laws of 2015
Chapter 371 amended the Insurance Law and Public Health Law with regard to the expedited utilization review of court-ordered mental health or substance use disorder services.
Sewer Backup Insurance Coverage Report
Ch. 410 of the Laws of 2015
Chapter 410 requires the Superintendent of Financial Services to examine and make recommendations regarding the treatment of concurrent causation in relation to homeowners’ insurance coverage for sewer backup.
Child Locator Technology Insurance Report
Ch. 430 of the Laws of 2015
Chapter 430 requires in relevant part that the Department of Financial Services issue a report on insurance coverage of technology systems used for locating children with developmental disabilities.
Livery Driver Benefit Fund
Ch. 452 of the Laws of 2015
Chapter 452 amended the Workers’ Compensation Law to require an independent livery driver who submits a claim for recovery under the no-fault insurance law to be subject to local taxi and limousine commission rules prohibiting driving until he or she has recovered from his or her injury, and permits an authorized insurer required to accept such claims to apply the preauthorized procedures and medical treatment guidelines.
Issuance of Health Insurance Policies to Institutes of Higher Education
Ch. 461 of the Laws of 2015
Chapter 461 amended the Insurance Law to clarify that the Insurance Law does not prohibit the issuance of policies providing certain “excepted benefits”, such as dental, vision, and intercollegiate sports injury coverage, to institutions of higher education.
Health Savings Account Pilot Program Sunset Extender
Ch. 463 of the Laws of 2015
Chapter 463 amended section 2 of Chapter 440 of the Laws of 2012 to extend until December 31, 2017 the Health Savings Account Pilot Program.
Reimbursement for Surgical First Assistant Services
Ch. 536 of the Laws of 2015
Chapter 536 amended the Insurance Law, Social Services Law, and Workers’ Compensation Law to prohibit a policy or contract from denying coverage exclusively on the basis that non-physician surgical first assistant services were performed by a qualified registered nurse under certain circumstances.
Life Insurer Independent Directors
Ch. 575 of the Laws of 2015
Chapter 575 amended the Insurance Law to provide that independent director requirements do not apply to a domestic life insurer if the person controlling the insurer is an insurer, mutual insurance holding company, or a publicly held corporation having a board of directors and committees thereof that meet certain requirements.
Special Enrollment Period for Pregnant Individuals
Ch. 581 of the Laws of 2015
Chapter 581 amended the Insurance Law and Public Health Law to create a special enrollment period for a currently uninsured pregnant individual who wishes to enroll in a health insurance policy or contract.
Distribution of Dividends by Domestic Life Insurers
Ch. 586 of the Laws of 2015
Chapter 586 amended the Insurance Law to increase the dividend capacity for domestic stock life insurers.
Stop Loss Coverage for Certain Small Groups
Ch. 588 of the Laws of 2015
Chapter 588 amended the Insurance Law to allow stop loss, catastrophic, and reinsurance coverage to remain in effect for certain small groups.
Stop Loss Coverage for Certain Small Groups Chapter Amendment
Ch. 589 of the Laws of 2015
Chapter 589 amended the Insurance Law to make technical amendments to Chapter 588 of the Laws of 2015 with regard to allowing stop loss, catastrophic, and reinsurance coverage to remain in effect for certain small groups.