2006 New York Code - Pre-existing Condition Provisions In Group And Blanket Disability Policies.

 
    * §  3234.  Pre-existing  condition  provisions  in  group and blanket
  disability policies. (a) Every group or blanket policy issued or  issued
  for  delivery  in  this  state  which provides benefits by reason of the
  disability of the insured and which includes  a  pre-existing  condition
  provision   shall  contain  in  substance  the  following  provision  or
  provisions which in the opinion of the superintendent are more favorable
  to the members of the group:
    (1) In determining whether a pre-existing condition provision  applies
  to  an  eligible  person,  the  group or blanket disability policy shall
  credit the time the person was previously covered under a previous group
  or blanket disability insurance  plan  or  policy  or  employer-provided
  disability  benefit arrangement, if the previous coverage was continuous
  to a date not more than sixty days prior to the effective  date  of  the
  new  coverage.  The  credit  shall apply to the extent that the previous
  coverage or level of benefits  was  substantially  similar  to  the  new
  coverage or level of benefits; and
    (2)  No  pre-existing condition provision shall exclude coverage for a
  period in excess of  twelve  months  following  the  effective  date  of
  coverage for the covered person.
    (b)  Nothing  herein  shall  be  construed  to prohibit or restrict an
  insurer from utilizing other forms of underwriting for  the  members  of
  the  group  in  lieu  of,  or in addition to, the pre-existing condition
  provision described in subsection (a) of this section.
    * NB There are 3 § 3234's