New York A 4427: Relates to the use of external consumer data and information sources being used when determining insurance rates

Bill Text

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A04427 Summary:

BILL NOA04427 

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SAME ASNo Same As

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Add §2403-a, Ins L

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Prohibits the use of external consumer data and information sources being used when determining insurance rates; provides that no insurer shall unfairly discriminate based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; or use any external consumer data and information sources, as well as any algorithms or predictive models that use external consumer data and information sources, in a way that unfairly discriminates based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; makes related provisions; defines terms.

Go to top A04427 Actions:

BILL NOA04427 

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02/04/2025referred to insurance

01/07/2026referred to insurance

Go to topA04427 Committee&nbspVotes:

Go to topA04427 Floor&nbspVotes:

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

Go to topA04427 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4427

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Insurance

 AN ACT to amend the insurance law, in relation to the use of external
 consumer data and information sources being used when determining
 insurance rates

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

 1 Section 1. The insurance law is amended by adding a new section 2403-a
 2 to read as follows:
 3 § 2403-a. Insurers' use of external consumer data and information
 4 sources; prohibited. (a) No insurer shall:
 5 (1) Unfairly discriminate based on race, color, national or ethnic
 6 origin, religion, sex, sexual orientation, disability, gender identity,
 7 or gender expression; or
 8 (2) Pursuant to rules adopted by the superintendent, use any external
 9 consumer data and information sources, as well as any algorithms or
 10 predictive models that use external consumer data and information sourc-
 11 es, in a way that unfairly discriminates based on race, color, national
 12 or ethnic origin, religion, sex, sexual orientation, disability, gender
 13 identity, or gender expression.
 14 (b) (1) The superintendent shall adopt any rules or regulations neces-
 15 sary for the implementation of this section.
 16 (2) The superintendent shall engage in a stakeholder process prior to
 17 the adoption of rules or regulations for any type of insurance that
 18 includes carriers, producers, consumer representatives, and other inter-
 19 ested parties. The superintendent shall hold stakeholder meetings for
 20 stakeholders of different types of insurance to ensure sufficient oppor-
 21 tunity to consider factors and processes relevant to each type of insur-
 22 ance. The superintendent shall provide notice of stakeholder meetings on
 23 the department's website, and such stakeholder meetings shall be open to
 24 the public.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06571-01-5

 A. 4427 2

 1 (c) (1) After the stakeholder process described in subsection (b) of
 2 this section, the superintendent shall adopt rules or regulations for
 3 specific types of insurance, by insurance practice, which rules estab-
 4 lish means by which an insurer may demonstrate, to the extent practica-
 5 ble, that it has tested whether its use of external consumer data and
 6 information sources, as well as algorithms or predictive models using
 7 external consumer data and information sources, unfairly discriminates
 8 based on race, color, national or ethnic origin, religion, sex, sexual
 9 orientation, disability, gender identity, or gender expression.
 10 (2) Rules and regulations adopted pursuant to this section shall
 11 require each insurer to:
 12 (i) provide information to the superintendent concerning the external
 13 consumer data and information sources used by the insurer in the devel-
 14 opment and implementation of algorithms and predictive models for a
 15 particular type of insurance and insurance practice;
 16