Capitol Report Index Page

CAPITOL REPORT
Provided by Barrett Associates, Legislative Representative for
Independent Insurance Agents & Brokers of New York
5784 Widewaters Parkway, 1st Floor, DeWitt, New York, 13214

June 26, 2009

Assembly Recess; Senate Controversy Continues
The Assembly worked into the early morning of June 23 to finish its business and recess for the summer. 

The Senate, however, continued in the gridlock which has existed since June 8 when Senate Republicans, with the help of two Democrats, Pedro Espada and Hiram Monserrate, voted to oust the Democratic leadership. Monserrate has since rejoined his Democratic colleagues, resulting in a 31 to 31 split in votes with both sides claiming control.

Following two weeks of confusion with both sides attempting to control the senate chamber and attempting to vote on bills, the Governor forced the Senate to convene in special session beginning on Tuesday to consider legislation he recommended. He threatened to call the Senate back into session every day until they resolve their differences. 

The sight of the Senate Democrats taking physical control of the chamber and the Republicans entering later with both sides holding a session for their members while ignoring the other group was a unique situation never experienced by long-term Albany observers.

As this is written there have been negotiations about a power sharing agreement among both parties. The tentative arrangement at this point would have Democrat Malcolm Smith sharing leadership power with Republican Dean Skelos, with John Sampson designated as Democratic Conference Leader and dissident Democratic Senator Pedro Espada as Vice President of the Senate. This deal is not finalized as more details need to be worked out. Committee Chairs, resources and other issues need to be negotiated.

We will continue to keep you informed about this situation.

Assembly Member Resigns, Pleads Guilty
Long-time Assemblyman Anthony Seminerio (D-Queens) has resigned his seat and pleaded guilty to theft of services because of his acceptance of money for influencing state government. The guilty plea to one count of honest services mail fraud carries a maximum penalty of 20 years in prison.

Assembly Passes Insurance Legislation
While the Senate stalemate has left many bills passed by the Assembly in limbo, that didn't stop the Assembly from passing hundreds of bills before they recessed for the summer. Here are some noteworthy insurance bills passed by the Assembly this session that have not been acted on by Senate:

• Life settlements (A.3171). The bill is an Insurance Department program bill that would regulate the life settlement industry. IIABNY supports the department's efforts to regulate the industry. Similar legislation nearly passed the Legislature last year.
• Workers comp. coverage for Lyme Disease (A.4984). The bill adds Lyme Disease to those occupational diseases which are compensable under the Workers' Compensation Law
• Workers comp. lump sum payments (A.2021). The bill would require workers' compensation awards for permanent partial disability to be made in one lump sum upon the claimant’s request, without commutation to a present value amount. IIABNY opposes the bill.
• No-fault benefits (A.6843). The bill would prohibit insurers from denying no-fault coverage to intoxicated drivers for necessary emergency health services rendered at a general hospital, as well as for related ambulance services and medical screening. The bill is a scaled-back, compromise version of a bill that past last year, but was vetoed by the Governor. IIABNY had opposed last year's bill but is not opposing this more narrow measure. Last year’s bills was vetoed because it was not limited to emergency care, and would have required no-fault carriers to reimburse providers for virtually all health services given to intoxicated drivers. Except for the fact that the bill was overly broad, the governor indicated he would have signed it.
• Insurance fraud. (A.1003). The bill, which IIABNY supports, requires that the annual report from the Superintendent of Insurance to the governor and Legislature include the incidence of misrepresentation by an insured concerning the principal place where vehicles are driven and garaged.
• The Farmworker's Fair Labor Practices Act (S.2247). The legislation would grant certain employment rights to farm workers, including the right to receive workers' compensation and unemployment benefits.
• Health coverage for domestic partners (A.2368A). This bill would require a health plan to provide health insurance coverage for domestic partners, when it is requested by an employer group or an individual purchasing health insurance.
• Health coverage continuation (A.8400). This governor's program bill would extend the period of continuation coverage under a group health contract from 18 months to 36 months.
• Health coverage for young adults (A.9038). This bill expands access to health insurance by allowing unmarried children through age 29, regardless of financial dependence, to be covered under a parent's group health insurance policy.
• Medical malpractice rates (A.9036) This bill would extend the freeze on medical malpractice premium rates for physicians and surgeons for one more year and prevent a surcharge on premiums until June 30, 2010.
• Managed care reform (A.8402). The bill would make a series of managed care reforms, including the way health insurance claims are paid and processed. It is a result of negotiations between the state Insurance and Health departments, Assembly and health care industry.
  

  Recent Legislation