Bill Text: NY S03948 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relieves permanently totally disabled persons of the requirement to continuously prove their disability.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INSURANCE [S03948 Detail]

Download: New_York-2011-S03948-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3948
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 10, 2011
                                      ___________
       Introduced  by  Sen. BONACIC -- 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 relieving  permanently
         and  totally  disabled  persons  of  the requirement to annually prove
         their disability
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 4 of subsection (a) of section 3215 of the insur-
    2  ance law is amended to read as follows:
    3    (4)  That  there be reasonable requirements as to the time, method and
    4  form of proof of disability and as to  the  continuance  of  disability,
    5  including  an  examination  of  the insured by the insurer at reasonable
    6  intervals. Failure to  furnish  proof  of  disability  within  the  time
    7  required  shall not invalidate or reduce any claim if it was not reason-
    8  ably possible to give proof within such time,  provided  such  proof  is
    9  furnished  as soon as reasonably possible and in no event, except in the
   10  absence of legal capacity, later than one year from the  time  proof  is
   11  otherwise  required.   PROVIDED, HOWEVER, THAT INDIVIDUALS WHO HAVE BEEN
   12  DETERMINED TO BE PERMANENTLY AND TOTALLY DISABLED SHALL NOT BE  REQUIRED
   13  TO FURNISH FURTHER, CONTINUING PROOF OF SUCH DISABILITY.
   14    S  2.  Paragraph  9 of subsection (a) of section 3221 of the insurance
   15  law, as amended by chapter 237 of the laws of 2009, is amended  to  read
   16  as follows:
   17    (9) That in the case of claim for loss of time for disability, written
   18  proof  of  such loss must be furnished to the insurer within thirty days
   19  after the commencement of the period for which the  insurer  is  liable,
   20  and that subsequent written proofs of the continuance of such disability
   21  must  be  furnished  to the insurer at such intervals as the insurer may
   22  reasonably require, and that in the case of claim for  any  other  loss,
   23  written  proof  of such loss must be furnished to the insurer within one
   24  hundred twenty days after the date of such loss. Failure to furnish such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08342-01-1
       S. 3948                             2
    1  proof within such time shall not invalidate or reduce any  claim  if  it
    2  shall  be  shown  not  to  have been reasonably possible to furnish such
    3  proof within such time, provided such proof was  furnished  as  soon  as
    4  reasonably  possible.  PROVIDED, HOWEVER, THAT INDIVIDUALS WHO HAVE BEEN
    5  DETERMINED TO BE PERMANENTLY AND TOTALLY DISABLED SHALL NOT BE  REQUIRED
    6  TO FURNISH FURTHER, CONTINUING PROOF OF SUCH DISABILITY.
    7    S 3. This act shall take effect immediately.