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Bill > A02543


NY A02543

NY A02543
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.


summary

Introduced
01/17/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general obligations law, in relation to onerous or unreasonable conditions in the performance of disability related contracts

AI Summary

This bill amends the New York General Obligations Law by adding a new section that protects individuals with disabilities from unreasonable conditions when receiving contractual benefits. The law applies to written contracts providing disability benefits from any entity except workers' compensation and New York state disability insurance. Specifically, the bill prohibits entities from imposing "onerous or unreasonable conditions" for paying or continuing disability benefits, which are defined as conditions that require disabled individuals to perform unnecessary or repetitive actions to receive their entitled benefits. Examples of such unreasonable conditions include requiring excessively frequent medical examinations, demanding overly detailed or repetitive medical documentation, or engaging in bad faith claim settlement practices. If a person or entity violates these provisions, the disabled individual or contract beneficiary can sue to recover actual damages, interest, penalties, reasonable costs, and attorney's fees. Additionally, the court may choose to award exemplary damages at its discretion. The law is designed to prevent disability benefit providers from creating bureaucratic obstacles that make it difficult for disabled individuals to access their contractual benefits.

Committee Categories

Justice

Sponsors (3)

Last Action

referred to judiciary (on 01/17/2025)

bill text


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