2018 Insurance-Related Legislative Summaries

Lavern’s Law Chapter Amendment
Chapter 1 of the Laws of 2018
Chapter 1 amended the Civil Practice Law and Rules to make changes to Chapter 506 of the Laws of 2017 in relation to accrual of causes of action for medical, dental, and podiatric malpractice.

Workers’ Compensation Insurance Conditional Renewal Notices Chapter Amendment
Chapter 11 of the Laws of 2018
Chapter 11 amended the Workers’ Compensation Law to make changes to Chapter 469 of the Laws of 2017 regarding conditional renewal notices to policyholders.

Supplementary Uninsured/Underinsured Motorist (“SUM”) Coverage Limits Chapter Amendment
Chapter 15 of the Laws of 2018
Chapter 15 amended the Insurance Law to make changes to Chapter 490 of the Laws of 2017 in relation to SUM coverage limits.

Excess Medical Malpractice Insurance Coverage
Part M of Chapter 57 of the Laws of 2018
Part M extended until June 30, 2019 the availability of excess medical malpractice insurance coverage.

Health Care Forensic Examinations Cost Sharing
Part HH of Chapter 57 of the Laws of 2018
Part HH of Chapter 57 of the Laws of 2018 amended the Insurance Law in relation to cost sharing for health care forensic examinations.

Opioid Treatment Pre-authorization and Human Milk Coverage
Part MM of Chapter 57 of the Laws of 2018
Part MM amended the Insurance Law in relation to preauthorization of opioid treatment and coverage for pasteurized donor human milk.

Health Insurance Continuation Assistance Demonstration Project Extender
Part QQ of Chapter 58 of the Laws of 2018
Part QQ extended until July 1, 2019 the sunset date for the New York State Health Insurance Continuation Assistance Demonstration Project.

Health Maintenance Organization (“HMO”) Excess Reserves
Subpart B of Part FFF of Chapter 59 of the Laws of 2018
Subpart B amended the Public Health Law in relation to excess reserves of certain HMOs.

Medical Malpractice Insurance Pool (“MMIP”) Excess Medical Malpractice Insurance Sunset Extender
Chapter 99 of the Laws of 2018
Chapter 99 extended until July 1, 2023 the Insurance Law provision that eliminates the requirement that the MMIP make available to health care providers a second layer of excess medical malpractice insurance.

Transportation Network Company (“TNC”) Drivers Workers’ Compensation Insurance
Chapter 119 of the Laws of 2018
Chapter 119 amended the Executive Law and section 26 of Part AAA of Chapter 59 of the Laws of 2017 in relation to workers’ compensation insurance through the Black Car Fund for TNC drivers.

Retirement Fund Placement Agents
Chapters 203 of the Laws of 2018
Chapter 203 amended the Retirement and Social Security Law to prohibit the use of placement agents or intermediaries by investment managers doing business with the New York State Common Retirement Fund.

Health Savings Account Pilot Program Sunset Extender
Chapter 264 of the Laws of 2018
Chapter 264 extended until December 31, 2021 the sunset date for the Health Savings Account Pilot Program set forth in the Insurance Law.

Living Donor Protection Act
Chapter 331 of the Laws of 2018
Chapter 331 amended the Insurance Law, Public Health Law, and Workers’ Compensation Law in relation to live organ and tissue donations.

Prostate Cancer Screening Cost Sharing
Chapter 335 of the Laws of 2018
Chapter 335 amended the Insurance Law and Public Health Law in relation to cost sharing for diagnostic screenings for prostate cancer.

Online Pre-Licensing Course for Property/Casualty Insurance Agent Applicants
Chapter 365 of the Laws of 2018
Chapter 365 amended the Insurance Law to allow an applicant for a property/casualty insurance agent license to fulfill the pre-licensing course requirements by correspondence work, over the internet or a similar institution.

Principle-Based Reserving
Chapter 394 of the Laws of 2018
Chapter 394 amended the Insurance Law in relation to principle-based reserving for life insurance policies and annuity contracts.

Business Entity License Expiration Dates
Chapter 402 of the Laws of 2018
Chapter 402 amended the Insurance Law to change certain producer license expiration dates for business entities. Note that a bill amending this chapter is expected to be passed and signed into law in 2019.

Free Trade Zone (“FTZ”) Sunset Extender
Chapter 438 of the Laws of 2018
Chapter 438 amended the Insurance Law to extend until December 31, 2020 the sunset date for a domestic medical malpractice insurer to write insurance in the FTZ, and to extend, until June 30, 2023, the exemption from rate and form filing requirements in the FTZ for certain property/casualty policies issued to a “large commercial insured”.

Mental Health and Substance Use Disorder Parity Report
Chapter 455 of the Laws of 2018
Chapter 455 amended the Insurance Law to direct the Superintendent to include, in the annual consumer guide of health insurers and Public Health Law Article 44 entities, a mental health and substance use disorder parity report. Note that a bill amending this chapter (S.4356/A.6186-A) passed the Legislature and is expected to be signed into law in 2019.

Catastrophic or Reinsurance Coverage Sunset Extender
Chapter 457 of the Laws of 2018
Chapter 457 extended certain Insurance Law provisions relating to catastrophic or reinsurance coverage issued to small groups. Note that a bill amending this chapter (S.2043/A.4947) passed the Legislature and is expected to be signed into law in 2019.

Use of Local Cost Data
Chapter 458 of the Laws of 2018
Chapter 458 amended the Insurance Law in relation to the use of local cost data when adjusting claims. Note that a bill amending this chapter (S.1196/A.1916) passed the Legislature and is expected to be signed into law in 2019.

Enteral Formula Coverage
Chapter 469 of the Laws of 2018
Chapter 469 amended the Insurance Law in relation to coverage for medically necessary enteral formula.

Excess Line Association of New York (“ELANY”) Sunset Extender
Chapter 488 of the Laws of 2018
Chapter 488 extended the statutory authority for ELANY to July 1, 2024.