STATE OF NEW YORK
________________________________________________________________________
1682--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. WOERNER, SIMON, DICKENS, THIELE, CRUZ, GUNTHER,
SEAWRIGHT, GLICK, REYES -- Multi-Sponsored by -- M. of A. SAYEGH --
read once and referred to the Committee on Insurance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting the exclu-
sion of coverage based upon 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. Paragraphs 7 and 8 of subsection (a) of section 3243 of the
2 insurance law, as added by section 2 of subpart D of part J of chapter
3 57 of the laws of 2019, are amended and a new paragraph 9 is added to
4 read as follows:
5 (7) fix any lower rate or discriminate in the fees or commissions of
6 insurance agents or insurance brokers for writing or renewing such a
7 policy; [or]
8 (8) engage in sexual stereotyping[.]; or
9 (9) deny a claim of an insured because the insured's gender or sex
10 indicated on a claim form submitted to the insurer is different from the
11 sex or gender indicated on the insured's policy forms, unless the insur-
12 er has taken reasonable steps, including requesting additional informa-
13 tion, to determine whether the insured is eligible for the services
14 prior to denial of such claim.
15 § 2. Paragraphs 7 and 8 of subsection (a) of section 4330 of the
16 insurance law, as added by section 3 of subpart D of part J of chapter
17 57 of the laws of 2019, are amended and a new paragraph 9 is added to
18 read as follows:
19 (7) fix any lower rate or discriminate in the fees or commissions of
20 insurance agents or insurance brokers for writing or renewing such a
21 contract; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04905-04-4
A. 1682--B 2
1 (8) engage in sexual stereotyping[.]; or
2 (9) deny a claim of an insured because the insured's gender or sex
3 indicated on a claim form submitted to the insurer is different from the
4 sex or gender indicated on the insured's policy forms, unless the insur-
5 er has taken reasonable steps, including requesting additional informa-
6 tion, to determine whether the insured is eligible for the services
7 prior to denial of such claim.
8 § 3. This act shall take effect immediately.