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S3632Senate2019-2020 Session

Protect Insurance Broker Payments

Official title

“Prohibits unilateral reduction, diminishment or non-payment of health insurance commissions or other compensation”

Sponsor Neil D. BreslinSD-44+2 co-sponsorsAffects Finance
Status
In Senate Committee
Insurance
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Insurance

What's happening

This bill prohibits health insurers from unilaterally reducing or stopping commissions or compensation to insurance agents or brokers.

Why it matters

  1. Protects agent and broker compensation stability. By making it illegal for insurers to unilaterally reduce or stop commission payments that were previously included in premiums, the bill ensures that insurance producers, brokers, agents, and benefits consultants can rely on consistent compensation for the duration of approved insurance rates.

  2. Links compensation to approved rate filings. The law ties agent and broker commissions directly to what was “actuarially loaded” (included in the pricing structure) and approved by the state, preventing insurers from changing compensation unless and until a new rate filing is approved.

  3. Could impact consumer experience and market competition. By safeguarding agent and broker compensation, the bill may help maintain strong distribution networks and consumer assistance, especially for individuals and small businesses seeking health insurance, potentially encouraging more agents to remain in or enter the market.

  4. Limits insurer flexibility in cost management. Insurers lose the ability to adjust compensation mid-contract as a way to manage rising costs or respond to business changes, which could affect how they plan for and respond to financial pressures.

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Who cares

Headline styles

Protect Insurance Broker Payments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Neil D. Breslin

Senator · Senate District 44

Chair, Insurance

History

  1. Referred to insurance
  2. Referred to insurance

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3632

2019-2020 Regular Sessions

IN SENATE

February 11, 2019

Introduced by Sens. BRESLIN, SEWARD, O'MARA -- 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 prohibiting unilateral reduction, diminishment or non-payment of health insurance commissions or other compensation

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 2114 of the insurance law is amended by adding a new subsection (c) to read as follows:

(c) Notwithstanding any other provision of this chapter or any other general, special or local law to the contrary, it shall be unlawful as against public policy for any insurer or health plan to include any provisions in a sales contract or agreement entered into with a licensed life or accident and health insurance producer, broker, agent or benefits consultant, allowing such insurer or health plan to unilaterally reduce, diminish or otherwise cease payments of any commissions or other compensation offered to any such licensed life or accident and health insurance producer, broker, agent or benefits consultant, for the sale or replacement of any individual or small group health insurance policy, contract for insurance or certificate of insurance, where such commissions or other compensation were included, embedded or otherwise actuarially loaded into such insurer's or health plan's premium rate filings or applications submitted to the department pursuant to section three thousand two hundred thirty-one of this chapter, for so long as such prior approved rates are valid and remain in full force and effect.

§ 2. This act shall take effect immediately and shall apply to all applicable policies, certificates and contracts issued, renewed, modified, altered or amended on or after such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09803-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the insurance law, in relation to prohibiting unilateral reduction, diminishment or non-payment of health insurance commissions or other compensation

Purpose

To protect licensed health insurance producers, brokers, agents and benefits consultants from unilateral reduction, diminishment or non-pay- ment of earned commissions or other compensation.

Summary of provisions

Section one of the bill adds a new Subsection (c) to Section 2114 of the Insurance Law, to make it unlawful for insurers or health plans to unilaterally reduce, diminish or cease payment of commissions or other compensation to licensed health insurance producers, where such commis- sions are included or embedded in prior-approved premium rates of indi- vidual and small group health insurance policies and plans.

Section two of the bill sets forth the effective date.

Justification

The Insurance Law requires all insurers and health plans that offer individual and small group health insurance policies, contracts or plans to submit premium rate filings or applications to the Department of Financial Services for prior-approval in advance of offering such products for sale or delivery in the state. The Superintendent of Finan- cial Services is charged with making a written finding, within 30-60 days of such submittals, to approve, modify or disapprove of such rate filings or applications, taking into account the financial condition of the insurer to determine if such premium rates are unreasonable, exces- sive, inadequate, or unfairly discriminatory, based upon sound actuarial assumptions and methods.

If any such premium rate filings or applications contain embedded or actuarially-loaded commissions or other compensation, and such rates are subsequently approved or modified by the Superintendent, then it is only fair as a matter of public policy and good business practices, that licensed health insurance producers, brokers, agents and benefits consultants be paid such commissions or other compensation as earned without diminution. Moreover, insurers and health plans should be prohibited from inserting provisions into any sales contract or agree- ment with any such health insurance producers allowing for the unilater- al reduction, diminishment or non-payment of such commissions or other compensation, while such prior-approved rate filings or applications are in full force and effect. Any such action would be unlawful as against public policy and constitute a violation of the Insurance Law and be enforceable by applicable provisions thereunder.

Legislative history

S6132 of 2017-18

Fiscal implications

None.

Effective date

Immediately, and shall apply to all applicable insurance policies, contracts for insurance and certificates of insurance entered into or renewed on or after the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.