STATE OF NEW YORK ________________________________________________________________________ 5047--A 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. LAVINE, SHIMSKY, TAPIA, CRUZ, SIMON -- read once and referred to the Committee on Insurance -- recommitted to the Committee on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, in relation to the sale of a non-in- demnity legal service plan The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (b) of section 1101 of the insurance law is 2 amended by adding a new paragraph 9 to read as follows: 3 (9)(A) Notwithstanding the foregoing, the sale of a non-indemnity 4 legal service plan shall not constitute doing an insurance business in 5 this state. 6 (B) For purposes of this paragraph, a non-indemnity legal service plan 7 includes any plan, regardless of the benefits, where legal services are 8 available to members, or their dependents, through an organization that 9 contracts directly with independent attorneys for the provision of the 10 legal services and the organization pays the independent attorney via a 11 capitated arrangement and the independent attorney receives no addi- 12 tional payment or reimbursement from the organization for specified 13 legal services or specified legal expenses. 14 § 2. This act shall take effect on the thirtieth day after it shall 15 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08779-03-4