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NY S08201
Bill
Status
6/16/2010
Primary Sponsor
Kevin Parker
Click for details
AI Summary
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Prohibits employers and other entities from imposing "onerous or unreasonable conditions" on disabled persons seeking to receive contractual disability benefits or waivers of obligations, excluding workers' compensation and New York State disability insurance.
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Defines onerous or unreasonable conditions as continuous or repetitious requirements that force disabled beneficiaries to perform unnecessary or duplicative acts, including unreasonably repetitive medical examinations, finely-detailed or repetitious medical documentation, or bad faith bargaining practices as defined in Insurance Law Section 2601.
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Allows contract parties or beneficiaries injured by violations to bring a civil action and recover actual damages, interest, penalties, reasonable costs, and attorney's fees upon proof of violation by preponderance of the evidence.
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Grants courts discretionary authority to award exemplary damages in addition to actual damages and costs.
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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 RULES
6/16/2010