N.Y. Insurance Law § 3234: Pre-existing condition provisions in group and blanket disability policies

* § 3234. Pre-existing condition provisions in group and blanket

disability policies. (a) Every group or blanket policy issued or issued

for delivery in this state which provides benefits by reason of the

disability of the insured and which includes a pre-existing condition

provision shall contain in substance the following provision or

provisions which in the opinion of the superintendent are more favorable

to the members of the group:

(1) In determining whether a pre-existing condition provision applies

to an eligible person, the group or blanket disability policy shall

credit the time the person was previously covered under a previous group

or blanket disability insurance plan or policy or employer-provided

disability benefit arrangement, if the previous coverage was continuous

to a date not more than sixty days prior to the effective date of the

new coverage. The credit shall apply to the extent that the previous

coverage or level of benefits was substantially similar to the new

coverage or level of benefits; and

(2) No pre-existing condition provision shall exclude coverage for a

period in excess of twelve months following the effective date of

coverage for the covered person.

(b) Nothing herein shall be construed to prohibit or restrict an

insurer from utilizing other forms of underwriting for the members of

the group in lieu of, or in addition to, the pre-existing condition

provision described in subsection (a) of this section.

* NB There are 2 § 3234's