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N.Y. Ins. Law § 4330

Discrimination because of sex or marital status in hospital, surgical or medical expense insurance

2020-01-10

§ 4330. Discrimination because of sex or marital status in hospital,\nsurgical or medical expense insurance. (a) With regard to a contract\nissued by a corporation subject to the provisions of this article that\nprovides hospital, surgical, or medical expense coverage or a contract\nof student accident and health insurance, as defined in subsection (a)\nof section three thousand two hundred forty of this chapter, no\ncorporation shall because of sex, marital status or based on pregnancy,\nfalse pregnancy, termination of pregnancy, or recovery therefrom,\nchildbirth or related medical conditions:\n (1) make any distinction or discrimination between persons as to the\npremiums or rates charged for the contract or in any other manner\nwhatever;\n (2) demand or require a greater premium from any person than it\nrequires at that time from others in similar cases;\n (3) make or require any rebate, discrimination or discount upon the\namount to be paid or the service to be rendered on any contract;\n (4) insert in the contract any condition, or make any stipulation,\nwhereby the insured binds his or herself, or his or her heirs,\nexecutors, administrators or assigns, to accept any sum or service less\nthan the full value or amount of such contract in case of a claim\nthereon except such conditions and stipulations as are imposed upon\nothers in similar cases; and any such stipulation or condition so made\nor inserted shall be void;\n (5) reject any application for a contract issued or sold by it;\n (6) cancel or refuse to issue, renew or sell such contract after\nappropriate application therefor;\n (7) fix any lower rate or discriminate in the fees or commissions of\ninsurance agents or insurance brokers for writing or renewing such a\ncontract; or\n (8) engage in sexual stereotyping.\n (b) For purposes of this section, "sex" shall include sexual\norientation, gender identity or expression, and transgender status.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.