WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 An insurerInsurerAn insurer subject to this article (Article 32 of the Insurance Law).Ins. Law § 3243-a(a) subject to this article shall not discriminate on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decision-making.
(b) 1 This section shall not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
This new section imposes a non-discrimination obligation on insurers subject to Article 32 of the Insurance Law, specifically targeting the use of clinical algorithms in insurer decision-making. The protected characteristics track federal civil rights categories: race, color, national origin, sex, age, and disability.
The carve-out in subsection (b) preserves the use of clinical algorithms that rely on variables to identify, evaluate, and address health disparities — recognizing that some algorithm variables that correlate with protected characteristics may serve legitimate equity purposes. The bill does not define "clinical algorithm," leaving the term's scope to regulatory interpretation. There is no audit, testing, or disclosure mandate; the obligation is a substantive prohibition only.
This act shall take effect immediately.
The bill takes effect immediately upon enactment. There is no phase-in period or delayed operative date.