Loading chat...
NY A00254
Bill
Status
1/5/2011
Primary Sponsor
James Brennan
Click for details
AI Summary
-
Prohibits persons, firms, corporations, and other entities (except workers' compensation and NYS disability insurance) from imposing onerous or unreasonable conditions on disabled beneficiaries seeking contractual disability benefits or waivers of obligations.
-
Defines "onerous or unreasonable conditions" as continuous or repetitious requirements for unnecessary or duplicative acts, including unreasonably repetitive medical examinations, finely-detailed or repetitious medical documentation, or bad faith bargaining.
-
Allows injured contract parties or beneficiaries to sue for violations and recover actual damages, interest, penalties, reasonable costs, and attorney's fees upon proving violation by preponderance of the evidence.
-
Grants courts discretion to award exemplary damages in addition to compensatory remedies.
-
Takes effect immediately upon enactment.
Legislative Description
Requires persons or entities providing benefits in the event of disability to not impose "onerous or unreasonable conditions" for the payment or continued payment of benefits thereunder, and provides for the enforcement thereof including actual damages, interest and penalties, reasonable costs and attorney's fees, and in the court's discretion, exemplary damages; exempts worker's compensation and NYS disability insurance.
Last Action
referred to judiciary
1/5/2011