Bill Text: NY A00040 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands the categories of policies classified as blanket accident policies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to insurance [A00040 Detail]
Download: New_York-2019-A00040-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 40 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to blanket group accident and health insurance coverage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (a) of section 4237 of the insurance law, 2 subparagraph (C) of paragraph 3 as amended by chapter 461 of the laws of 3 2015, subparagraph (F) of paragraph 3 as amended by chapter 369 of the 4 laws of 1985, is amended to read as follows: 5 (a) (1) Any policy or contract of insurance against death or injury 6 resulting from accident which insures a group of persons conforming to 7 the requirements of one of the subparagraphs (A) through [(F)] (M) of 8 paragraph three hereof shall be deemed a blanket accident policy. 9 (2) Any policy or contract which insures a group of persons conforming 10 to the requirements of subparagraph (C), (E) or [(F)] (M) of paragraph 11 three hereof against total or partial disability, excluding such disa- 12 bility from accident, shall be deemed a blanket health insurance policy. 13 (3) Any policy or contract of insurance which combines the coverage of 14 blanket accident insurance and of blanket health insurance on such a 15 group of persons shall be deemed a blanket accident and health insurance 16 policy: 17 (A) Under a policy or contract issued to any railroad, steamship, 18 motorbus or airplane carrier of passengers or owner, operator or lessee 19 of any means of transportation, which shall be deemed the policyholder, 20 a group defined as all persons who may become such passengers may be 21 insured against death or bodily injury either while, or as a result of, 22 being such passengers. 23 (B) Under a policy or contract issued to an employer, who shall be 24 deemed the policyholder, covering any group of employees defined by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01896-01-9A. 40 2 1 reference to [exceptional] hazards incident to [such employment] an 2 activity, activities, or operations of the policyholder, insuring such 3 employee against death or bodily injury resulting while, or from, being 4 exposed to such [exceptional] hazards. Dependents of the employee and 5 guests of the employer or employees may also be included where exposed 6 to the same hazards. 7 (C) Under a policy or contract issued to an institution of higher 8 education, as defined in the higher education act of 1965, 20 U.S.C. § 9 1001, other school, or other institution of learning or to the head or 10 principal thereof, who or which shall be deemed the policyholder, 11 provided, with respect to a policy or contract issued to an institution 12 of higher education, the policy or contract shall be a policy or 13 contract: 14 (i) of hospital, medical, or surgical expense insurance that meets the 15 requirements of section three thousand two hundred forty of this chap- 16 ter; 17 (ii) that provides limited scope dental or vision benefits meeting the 18 definition of "excepted benefits" set forth in section 2791 of the 19 public health service act, 42 U.S.C. § 300gg-91(c); or 20 (iii) as described in item (ii) of subparagraph (B) of paragraph one 21 of subsection (a) of section three thousand two hundred forty of this 22 chapter. 23 (D) Under a policy or contract issued in the name of 24 (i) any county, city, town, village or fire district, 25 (ii) any duly organized fire department, or fire company, of any such 26 municipal corporation or fire district, first aid, civil defense, or 27 other such group whether or not any such corporation has been incorpo- 28 rated under any general or special law, 29 (iii) any fire corporation incorporated under or subject to the 30 provisions of section one thousand four hundred two of the not-for-pro- 31 fit corporation law, or any general or special law, if such corporation 32 is by law under the general control of, or recognized as a fire corpo- 33 ration by, the governing board of a city, town, village or fire 34 district, which municipal corporation, fire district, fire department, 35 fire company or fire corporation, as the case may be, shall be deemed 36 the policyholder, covering all, but not less than twenty-five, volunteer 37 members of such department, company or corporation. A district corpo- 38 ration which has the general powers of and operates as a fire district 39 shall be considered a fire district for the purposes of this paragraph. 40 A volunteer fireman whose services are offered and accepted pursuant to 41 the provisions of section two hundred nine-i of the general municipal 42 law shall be deemed a volunteer member of any such fire department, fire 43 company or fire corporation except for the purpose of determining the 44 minimum number of twenty-five volunteer members for which any such poli- 45 cy or contract must provide coverage. Any such policy or contract issued 46 to a municipal corporation or a fire district shall be subject to any 47 limitations on the amount, coverage or benefits as are set forth in any 48 applicable general, special or local law or city or village charter. 49 (E) Under a policy or contract issued to and in the name of an incor- 50 porated or unincorporated association of persons having a common inter- 51 est or calling, which association shall be deemed the policyholder, 52 having not less than fifty members, covering all or any group of the 53 members of such association or if part or all of the premium is to be 54 derived from funds contributed by the insured members and if the oppor- 55 tunity to take such insurance is offered to all eligible members, then 56 such policy must cover not less than seventy-five percent of any classA. 40 3 1 or classes of members determined by conditions pertaining to membership 2 in the association. 3 (F) Under a policy or contract issued to a sports team or to a camp or 4 sponsor thereof, which team, camp or sponsor shall be deemed the policy- 5 holder, covering members, campers, employees, volunteers, supervisors or 6 officials. 7 (G) Under a policy or contract issued to any incorporated or unincor- 8 porated religious, charitable, recreational, educational or civic organ- 9 ization, or branch thereof, which organization shall be deemed the poli- 10 cyholder, covering any group of members, participants, or volunteers 11 defined by reference to hazards incident to any activity or activities 12 or operations sponsored or supervised by or on the premises of such 13 policyholder. 14 (H) Under a policy or contract issued to a restaurant, hotel, motel, 15 resort, or innkeeper, which shall be deemed the policyholder, covering 16 patrons or guests. 17 (I) Under a policy or contract issued to a bank, association, finan- 18 cial or other institution, vendor, or to a parent holding company, or to 19 the trustee, trustees or agent designated by one or more banks, associ- 20 ations, financial or other institutions, or vendors, which shall be 21 deemed the policyholder, covering accountholders, debtors, guarantors or 22 purchasers. 23 (J) Under a policy or contract issued to a travel agency or other 24 organization that provides travel related services, which agency or 25 organization shall be deemed the policyholder, to cover all or any group 26 of persons for whom travel related services are provided. 27 (K) An entertainment, theater, arts or event production company or 28 organization, which shall be deemed the policyholder, covering all or 29 any group of participants, volunteers, audience members, contestants, 30 employees or workers engaged in any activity, activities, or operations 31 of the policyholder. 32 (L) Under a policy or contract issued to an established organization 33 whether incorporated or not, having community recognition and operated 34 for the welfare of the community and its members and not for profit, 35 which shall be deemed the policyholder and covering all volunteer work- 36 ers who serve without pecuniary compensation and the members of the 37 organization against loss from accidents that occur while engaged in the 38 actual performance of duties on behalf of such organization or in activ- 39 ities thereof. 40 (M) Under a policy or contract issued to insure; (i) any other 41 [substantially similar group] risk or class of risks approved by the 42 superintendent as eligible for insurance under a blanket accident and 43 health insurance policy or contract; the discretion of the superinten- 44 dent may be exercised on an individual risk basis or class of risks, or 45 both; or (ii) any other group approved by the superintendent upon a 46 finding that: (I) there is a common enterprise or economic or social 47 affinity or relationship; (II) the premiums charged are reasonable in 48 relation to the benefits provided; and (III) the issuance of the policy 49 would result in economies of acquisition or administration, would be 50 actuarially sound, and would not be contrary to the best interest of the 51 public. The superintendent shall promulgate regulations setting forth 52 any such groups that have been accepted as qualifying pursuant to this 53 subparagraph. 54 § 2. This act shall take effect immediately.
