New York A 2543: Relates to enacting the Neighborhood Integrity Act

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A02543 Summary:

BILL NOA02543 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORDinowitz

&nbsp

COSPNSRWeprin, Seawright

&nbsp

MLTSPNSR

&nbsp

Add §5-338, Gen Ob L

&nbsp

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.

Go to top A02543 Actions:

BILL NOA02543 

&nbsp

01/17/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA02543 Committee&nbspVotes:

Go to topA02543 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02543 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2543

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. DINOWITZ, WEPRIN, SEAWRIGHT -- read once and
 referred to the Committee on Judiciary

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general obligations law is amended by adding a new
 2 section 5-338 to read as follows:
 3 § 5-338. Performance of written contracts for benefits in the event of
 4 disability. 1. No person, firm, association, corporation or other enti-
 5 ty, whether such person or entity be an employer or otherwise, excluding
 6 workers' compensation or New York state disability insurance, who enters
 7 into a written contract providing for payment of benefits or the waiver
 8 of obligations or both in the event of the disability of a named indi-
 9 vidual shall, by contract or otherwise, impose on a disabled person
 10 onerous or unreasonable conditions for the payment or continued payment
 11 of contractual benefits or the waiver or continued waiver of obli-
 12 gations. Conditions are "onerous or unreasonable" if by their contin-
 13 uous or repetitious nature they require the disabled beneficiary to
 14 perform unnecessary or duplicative acts in order to obtain or collect
 15 the benefits to which they are otherwise entitled under the contract and
 16 include but are not limited to:
 17 (a) Requiring the disabled person to undergo unreasonably repetitive
 18 medical examinations; or
 19 (b) Requiring the disabled person to provide finely-detailed or repe-
 20 titious medical documentation of a disabling condition; or
 21 (c) Bargaining in bad faith or engaging in any of the acts described
 22 in the paragraphs of subsection (a) of section two thousand six hundred
 23 one of the insurance law, relating to unfair claim settlement practices.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04437-01-5

 A. 2543 2

 1 2. Any party to the contract or contract beneficiary injured by an
 2 action or failure to act in violation of subdivision one of this section
 3 may maintain an action to recover and, upon proof of such injury due to
 4 violation of subdivision one of this section by a preponderance of the
 5 evidence, shall recover actual damages, including any interest and
 6 penalties incurred due to the violation of subdivision one of this
 7 section, and reasonable costs and attorney's fees. The court may in its
 8 discretion award exemplary damages.
 9 § 2. This act shall take effect immediately.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps