New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.167 - Executive Order No. 167: Ban on Insurers that Withdraw from NY State of Health, New York's Official Health Plan Marketplace

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the House of Representatives has recently passed
					 the American Health Care Act, which would reduce financial assistance for
					 health insurance coverage, particularly for people with low or moderate
					 incomes.
WHEREAS, the American Health Care Act will be disastrous
					 for New York in that it will leave 2.7 million New Yorkers without health care
					 coverage, cut $4.7 billion from the State's Medicaid budget, put at risk 7
					 million people who rely on Medicaid services and other programs created under
					 the Affordable Care Act, and threaten the entire New York State health care
					 system which serves 19.5 million New Yorkers.
WHEREAS, the American Health Care Act would also enable
					 insurers to charge more for people with preexisting conditions in some states,
					 rolling back a key achievement of the Affordable Care Act, removing protections
					 for people with pre-existing conditions, and resulting in individuals paying
					 high premiums, and forcing those who cannot afford it to lose coverage.
WHEREAS, New York established NY State of Health, the
					 state's official health plan marketplace, in accordance with the Affordable
					 Care Act to lower premiums for individuals and decrease the number of uninsured
					 New Yorkers.
WHEREAS, since NY State of Health became operational in
					 2013, the uninsured rate in New York has been cut in half from 10 percent to 5
					 percent, the lowest level in decades, and the number of individuals who
					 purchase insurance has increased by 270 percent.
WHEREAS, 3.6 million New Yorkers, 18 percent of the State's
					 population, are enrolled in affordable health insurance through NY State of
					 Health in a continuum of programs based on household income and other
					 eligibility criteria including Qualified Health Plans, Medicaid, the Essential
					 Plan and Child Health Plus.
WHEREAS, New Yorkers must enroll in health insurance
					 through NY State of Health in order to receive an estimated $400 million
					 annually in federal financial assistance to reduce premiums, as well as cost
					 sharing credits that reduce the cost of health care services.
WHEREAS, the American Health Care Act, along with
					 statements made by elected representatives in Washington, D.C., has created
					 uncertainty in the health insurance market that has the potential to cause
					 unnecessary price increases and other adverse impacts on New Yorkers.
WHEREAS, withdrawal by insurers from the Individual
					 Marketplace would have a significant and detrimental impact on hundreds of
					 thousands of New Yorkers and is grossly irresponsible, as it puts the health of
					 our most vulnerable New Yorkers at risk.
WHEREAS, it is therefore critical that the State of New
					 York take action to ensure that New Yorkers have uninterrupted access to
					 affordable health insurance coverage.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order as follows:
I. DEFINITIONS
A. "Affected State Entities" means
(i) all agencies and departments over which
				  the Governor has executive authority, and
(ii) all public-benefit corporations, public
				  authorities, boards, and commissions, for which the Governor appoints the
				  Chair, the Chief Executive, or the majority of Board Members, except for the
				  Port Authority of New York and New Jersey.