STATE OF NEW YORK ________________________________________________________________________ 5723 2017-2018 Regular Sessions IN SENATE April 26, 2017 ___________ Introduced by Sen. SEWARD -- 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 conforming changes to discontinuance notices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Item (i) of subparagraph (C) of paragraph 2 of subsection 2 (c) of section 4304 of the insurance law, as amended by chapter 388 of 3 the laws of 2014, is amended to read as follows: 4 (i) Discontinuance of a class of contract upon not less than [five 5 months'] ninety days' prior written notice. In exercising the option to 6 discontinue coverage pursuant to this item, the corporation must act 7 uniformly without regard to any health status-related factor of enrolled 8 individuals or individuals who may become eligible for such coverage and 9 must offer to subscribers or group remitting agents, as may be appropri- 10 ate, the option to purchase all other individual health insurance cover- 11 age currently being offered by the corporation to applicants in that 12 market. Provided, however, the superintendent may, after giving due 13 consideration to the public interest, approve a request made by a corpo- 14 ration for the corporation to satisfy the requirements of this item 15 through the offering of contracts at each level of coverage as defined 16 in section 1302(d) of the affordable care act, 42 U.S.C. § 18022(d) that 17 contains the benefits described in paragraph one of subsection (b) of 18 section four thousand three hundred twenty-eight of this chapter by 19 another corporation, insurer or health maintenance organization within 20 the corporation's same holding company system, as defined in article 21 fifteen of this chapter. 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11235-01-7