S 9008 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 6 section(s) of the New York Consolidated Laws: Section 5102 of the insurance law; Section 210 of the insurance law; Section 4804 of the insurance law; Section 2329 of the insurance law; Section 235 of the vehicle and traffic law; Section 4 of the state finance law.

• Section 5102 of the insurance law

  ; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment In , but the → or No liabil- ity for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of a serious injury. In any action to recover non-economic loss pursuant to this article, the trier of fact shall not determine the question of whether an injury is a serious inju- ry until the trier of fact has determined the party or parties at fault. (d) Notwithstanding the foregoing, and other than in an action for damages for injuries resulting in death, recovery for non-economic loss shall be limited to one hundred thousand dollars in the case of a seri- ous injury in any action by or on behalf of an injured person who is at fault, is not barred from recovery by section fourteen hundred eleven of the civil practice law and rules, and was (1) operating an uninsured motor vehicle and responsible under article six of the vehicle and traf- fic law for insuring such motor vehicle, except if a lapse in motor vehicle insurance coverage occurs for a period of time less than thirty days; (2) operating a motor vehicle while impaired at the time of the accident and convicted of such; or (3) operating a motor vehicle in the commission of a felony, or immediate flight therefrom, at the time of the accident and has been convicted of such felony. (a) Except as provided in subsection (b) of this section, in . The (b) In any action to recover damages for personal injury subject to article fifty-one of the insurance law, the culpable conduct attribut- able to the claimant shall bar recovery if the culpable conduct attrib- utable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought.

  amended

• Section 210 of the insurance law

  Beginning September first, nineteen hundred ninety-nine and annu- ally thereafter, the and which article forty-nine of the public health law or article forty-nine which which which which (e) → The annually , section three thousand two hundred seventeen-d of this chapter, section four thousand three hundred six-c of this chapter, Beginning September first, two thousand twenty-seven, the number of approvals and the number of adverse determinations in whole or part issued by utilization review agents pursuant to section forty-nine hundred three of the public health law or section four thousand nine hundred three of this chapter; and (3) that section forty-nine hundred four of the public health law and section four thousand nine hundred four that in whole or in part that Beginning September first, two thousand twenty-seven and annually thereafter, in addition to the information required in subsections (a), (b), and (c) of this section, the superintendent shall include in such guide, and insurers and entities certified pursuant to article forty- four of the public health law shall provide to the superintendent, in a form and manner specified by the superintendent, the information required for such guide in a timely fashion, the following information regarding pre-authorization requests under article forty-nine of the public health law or article forty-nine of this chapter: (1) the number of pre-authorization requests received under section forty-nine hundred three of the public health law and section four thou- sand nine hundred three of this chapter; (2) the number of pre-authorization requests for which an authori- zation was issued under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter; (3) the number of pre-authorization requests for which an adverse determination was issued in whole or part under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter; (4) the number of pre-authorization requests for which an adverse determination was appealed under section forty-nine hundred four of the public health law and section four thousand nine hundred four of this chapter; (5) the number of pre-authorization requests for which an adverse determination was reversed on appeal in whole or part under section forty-nine hundred four of the public health law and section four thou- sand nine hundred four of this chapter; (6) the number of pre-authorization requests for which an adverse determination was upheld under section forty-nine hundred four of the public health law and section four thousand nine hundred four of this chapter; (7) the twenty-five current procedural terminology codes with the highest number of pre-authorization requests and the percentage of authorizations for each of these current procedural terminology codes under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter; (8) the twenty-five current procedural terminology codes with the highest number of pre-authorization requests for which an authorization was issued under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter; (9) the twenty-five current procedural terminology codes with the highest number of pre-authorization requests under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter for which an adverse determination was issued in whole or part but that was reversed by an appeal, in whole or part, under section forty-nine hundred four of the public health law and section four thousand nine hundred four of this chapter; and (10) the twenty-five current procedural terminology codes with the highest number of pre-authorization requests for which an adverse deter- mination was issued in whole or part under section forty-nine hundred three of the public health law and section four thousand nine hundred three of this chapter. (e) by March first of each year that that (f)

  amended

• Section 4804 of the insurance law

  sixty , if (1) the insured has a life-threatening disease or condition or a degenerative and disabling disease or condition or (2) has entered the second trimester of pregnancy in which case post-par- tum sixty , if (i) the enrollee has a life-threatening disease or condition or a degenerative and disabling disease or condition or (ii) has entered the second trimester of pregnancy in which case post-partum → nine- ty . If is pregnant care for the duration of the pregnancy and postpartum : , ninety . If is pregnant care for the duration of the pregnancy and postpartum : ,

  amended

• Section 2329 of the insurance law

  In accordance with regulations prescribed by the superintendent, each refunding or other- wise a profit beyond a percentage rate of return on net worth attributable to such policies, computed in accordance with the regu- lation required by section two thousand three hundred twenty-three of this article, and determined by the superintendent to be so far above a reasonable average profit as to amount to an excess profit, taking into consideration the fact that losses or profits below a reasonable average profit will not be recouped from such policyholders twenty-six In prescribing such regulations the limit the duration of such plans refund or refund or refunds and refunds or → (a) Each an underwriting gain for the three most recent calendar years combined which is greater than the anticipated underwriting profit plus five percent of earned premiums for those calendar years twenty-nine The through duly promulgated regulations, (b) If an insurer subject to this section distributes a credit pursu- ant to this section due to the reforms enacted in the state fiscal year two thousand twenty-six--two thousand twenty-seven budget, the insurer shall provide notice to policyholders of this credit and indicate that the credit was due to the reforms enacted in the state fiscal year two thousand twenty-six--two thousand twenty-seven budget. This notification shall be made at the time the credit is distributed. (c) As used herein with respect to any three-year period, "anticipated underwriting profit" means the sum of the dollar amounts obtained by multiplying, for each rate filing of the insurer in effect during such period, the earned premiums applicable to such rate filing during such period by the percentage factor included in such rate filing for profit and contingencies. Separate calculations need not be made for consec- utive rate filings containing the same percentage factor for profits and contingencies. Underwriting gain or loss for each calendar year shall be computed as follows: the sum of the incurred losses and loss adjustment expenses as of March thirty-first of the following year, developed to an ultimate basis, plus the administrative and selling expenses incurred in the calendar year, plus policyholder dividends applicable to the calen- dar year, will be subtracted from the calendar year earned premium to determine the underwriting gain or loss. (d) On or before March thirty-first of each year, an insurer subject to this section shall submit a report to the superintendent, in a format specified by the superintendent, demonstrating whether the insurer real- ized an excess profit for the three most recent calendar years combined. Such report shall include all relevant information required to calculate underwriting gain and loss and determine whether an excess profit thres- hold has been realized. If an insurer realized an excess profit, then the insurer shall notify the superintendent when the insurer has completed making any credits required by this section. If an insurer has realized an excess profit, the superintendent shall provide notice to the speaker of the assembly, the temporary president of the senate, the chair of the assembly insurance committee, the chair of the senate insurance committee, and the governor. (e)(1) Each insurer subject to this section shall, by July first, two thousand twenty-seven, and annually thereafter, submit a report to the superintendent that: (A) identifies and quantifies, in a manner prescribed by the super- intendent, the estimated impact on losses, expenses, and premiums resulting from statutory or regulatory reforms enacted in or the result of the state fiscal year two thousand twenty-six--two thousand twenty- seven budget; and (B) reflects such estimated impact in the insurer's proposed rates, rating plans, and rating rules. (2) In reviewing any rate filing submitted after enactment of the state fiscal year two thousand twenty-six--two thousand twenty-seven budget, the superintendent shall consider the estimated impact of the reforms described in paragraph one of this subsection and shall not approve any rate that, after such consideration, fails to meet the stan- dards set forth in section twenty-three hundred three of this article. (3) On or before December thirty-first, two thousand twenty-nine, the superintendent shall submit a report to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the assembly insurance committee, and the chair of the senate insurance committee that: (A) summarizes the estimated aggregate impact of the reforms described in paragraph one of this subsection on insurer losses, expenses, a

  amended

• Section 235 of the vehicle and traffic law

  him he , the the his his his his his his he or or he or she or or → 1-a. (a) Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any county, city, village, or town which heretofore or hereafter adopts a local law or ordinance establishing a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the instal- lation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, such county, city, village, or town shall also establish, by local law or ordinance, an administrative tribunal to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter. Such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections and the applicable provisions of article twenty-nine of this chapter. Provided that a county, city, village, or town shall establish such tribunal (i) no later than September first, two thousand twenty-seven where such county, city, village, or town has established and implemented the aforemen- tioned demonstration program prior to the date upon which this subdivi- sion takes effect, and (ii) no later than the date upon which such coun- ty, city, village, or town establishes and implements the aforementioned demonstration program after the date upon which this subdivision takes effect. (b) Provided, however, that the provisions of paragraph (a) of this subdivision requiring the establishment of an administrative tribunal shall not apply to the city of New York wherein violations are adjudi- cated by the New York city parking violations bureau, and shall not apply to any county, city, village, or town in which such notices of liability are required to be adjudicated within a traffic violations bureau established pursuant to section three hundred seventy of the general municipal law, court having jurisdiction, or parking violations bureau pursuant to the local law or ordinance imposing such monetary liability in accordance with article twenty-nine of this chapter and such traffic violations bureau or parking violations bureau is adjudi- cating such notices of liability or the chief administrative judge or their designee approves the plan to adjudicate such notices of liability in such court having jurisdiction. a. b. except for the adjudication of liability by a traffic camera violations bureau as authorized pursuant to subdivi- sion one of section two hundred thirty-seven-a of this article 1-a. Creation; traffic camera violations bureau. Notwithstanding the provisions of subdivision one of this section, in any county, city, village, or town as hereinbefore or hereafter required to establish a tribunal pursuant to subdivision one-a of section two hundred thirty- five of this article, such tribunal when created shall be known as the traffic camera violations bureau and shall have jurisdiction to adjudi- cate the liability of owners for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school b

  amended

• Section 4 of the state finance law

  twenty-five $1,396,911,000 twenty-five sixteen billion seven hundred seventy-seven million nine hundred sixty-four thousand dollars $16,777,964,000 eleven billion one hundred seventeen million three hundred fifty-nine thousand dollars $11,117,359,000 twelve billion three hundred million three hundred sixty-eight thousand dollars $12,300,368,000 four hundred fifty-five million dollars $455,000,000 twenty billion nine hundred forty-eight million one hundred sixty-four thousand dollars $20,948,164,000 one billion four hundred ninety-five million seven hundred seventy-four thousand dollars $1,495,774,000 thirteen billion six hundred thirty-nine million five hundred fifty-four thousand dollars $13,639,554,000 five hundred fifty million five hundred thousand dollars $550,500,000 two billion one hundred sixty-eight million three hundred thir- ty-one thousand dollars $2,168,331,000 one billion eight hundred seventy-three million four hundred twelve thousand dollars $1,873,412,000 fifteen billion eight hundred twenty-two million three hundred eighty-four thou- sand dollars $15,822,384,000 six hundred ninety-three million dollars $693,000,000 fourteen billion four hundred eighty million eight hundred sixty thousand dollars $14,480,860,000 one billion two hundred seven- teen million seven hundred fifty-five thousand dollars $1,217,755,000 seventeen billion thirty million twenty-seven thousand dollars $17,030,027,000 twenty-three billion seven hundred five million two hundred fifty-three thousand dollars $23,705,253,000 three hundred ninety-seven million dollars $397,000,000 four hundred forty million three hundred ninety-seven thou- sand dollars $440,397,000 forty-one million one hundred seventy-five thousand dollars $41,175,000 six billion one hundred sixty-eight million dollars $6,168,000,000 five hundred fifty million one hundred thousand dollars $550,100,000 four hundred twenty-five million dollars $425,000,000 four hundred twenty-five million dollars $425,000,000 revenue bond tax costs of the department of motor vehi- cles, including but not limited to personal and nonpersonal services; three ninety-four 2026 exclude only include as if it were still outstanding, excluded from exclude only include as if it were still outstanding, → twenty-six $1,294,911,000 twenty-six eighteen billion eighty-four million seven hundred sixty-four thousand dollars $18,084,764,000 eleven billion five hundred thirty-six million five hundred fifty-nine thousand dollars $11,536,559,000 thirteen billion one million four thousand dollars $13,001,004,000 four hundred ninety-nine million dollars $499,000,000 twenty-one billion eight hundred ninety-eight million one hundred sixty-four thousand dollars $21,898,164,000 one billion six hundred twenty-three million eight hundred eighty-four thousand dollars $1,623,884,000 fourteen billion two hundred ninety-nine million four hundred fifty-two thousand dollars $14,299,452,000 seven hundred twenty-eight million one hundred thousand dollars $728,100,000 two billion five hundred twenty million eight hundred six thousand dollars $2,520,806,000 two billion four million one hundred twelve thousand dollars $2,004,112,000 sixteen billion eight hundred million one hundred eighty-one thousand dollars $16,800,181,000 seven hundred ninety-three million dollars $793,000,000 seventeen billion seven hundred fifty million one hundred sixty thousand dollars $17,750,160,000 one billion two hundred seventy million five hundred eighty thousand dollars $1,270,580,000 eighteen billion five hundred sixty-two million three hundred eighty-five thousand dollars $18,562,385,000 twenty-six billion four hundred ninety-eight million four hundred fifty-three thousand dollars $26,498,453,000 four hundred forty-two million dollars $442,000,000 four hundred eighty-five million nine hundred sixty thousand dollars $485,960,000 forty-one million two hundred ninety thousand dollars $41,290,000 seven billion one hundred seventy-eight million dollars $7,178,000,000 six hundred sixteen million one hundred thousand dollars $616,100,000 four hundred sixty- five million dollars $465,000,000 four hundred sixty-five million dollars $465,000,000 general eight forty-four 2027 include exclude included in include exclude

  amended

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