§ 3234 — Pre-existing condition provisions in group and blanket disability policies

New York § 3234

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 32: Insurance Contracts - Life, Accident and Health, Annuities

Text

* § 3234. Pre-existing condition provisions in group and blanket\ndisability policies. (a) Every group or blanket policy issued or issued\nfor delivery in this state which provides benefits by reason of the\ndisability of the insured and which includes a pre-existing condition\nprovision shall contain in substance the following provision or\nprovisions which in the opinion of the superintendent are more favorable\nto the members of the group:\n (1) In determining whether a pre-existing condition provision applies\nto an eligible person, the group or blanket disability policy shall\ncredit the time the person was previously covered under a previous group\nor blanket disability insurance plan or policy or employer-provided\ndisability benefit arrangement, if the previous coverage was continuous\nto a date not more than sixty days prior to the effective date of the\nnew coverage. The credit shall apply to the extent that the previous\ncoverage or level of benefits was substantially similar to the new\ncoverage or level of benefits; and\n (2) No pre-existing condition provision shall exclude coverage for a\nperiod in excess of twelve months following the effective date of\ncoverage for the covered person.\n (b) Nothing herein shall be construed to prohibit or restrict an\ninsurer from utilizing other forms of underwriting for the members of\nthe group in lieu of, or in addition to, the pre-existing condition\nprovision described in subsection (a) of this section.\n * NB There are 2 § 3234's\n