Bill Text: NY A00492 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to policies or contracts which are not included in the definition of student accident and health insurance.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-12-27 - APPROVAL MEMO.92 [A00492 Detail]

Download: New_York-2019-A00492-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           492
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. LIFTON -- read once and referred to the Committee
          on Insurance
        AN  ACT to amend the insurance law, in relation to policies or contracts
          which are not included in  the  definition  of  student  accident  and
          health insurance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section  1.  Clause  (ii)  of  subparagraph  (B)  of  paragraph  1  of
     2  subsection (a) of section 3240 of the insurance law, as amended by chap-
     3  ter 461 of the laws of 2015, is amended to read as follows:
     4    (ii) [an accident] a policy or contract that provides benefits meeting
     5  the  definition  of "excepted benefits" set forth in section 2791 of the
     6  public health service act, 42 U.S.C. § 300gg-91(c),  if  the  policy  or
     7  contract is limited to insurance coverage for personal risks incident to
     8  planned  travel,  including  sickness,  accident,  disability,  or death
     9  occurring during travel, provided that  such  health  benefits  are  not
    10  offered on a stand-alone basis and are incidental to other coverage.
    11    (iii)  an  accident  policy or contract that provides benefits meeting
    12  the definition of "excepted benefits" set forth in section 2791  of  the
    13  public  health  service  act,  42 U.S.C. § 300gg-91(c), if the policy or
    14  contract:
    15    (I) is limited to coverage for intercollegiate sports injuries only;
    16    (II) provides benefits  to  diagnose  and  treat  any  intercollegiate
    17  sports  injury  and does not include a benefit dollar maximum amount per
    18  injury that is less than the overall benefit dollar maximum  amount  per
    19  student under the intercollegiate sports injury policy or contract;
    20    (III) provides benefits on an expense incurred basis;
    21    (IV)  provides  that  premiums  are paid in full by the institution of
    22  higher education;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05103-01-9
        A. 492                              2
     1    (V) includes prominent disclosure to the  student  that  the  accident
     2  policy is not a substitute for comprehensive hospital and medical cover-
     3  age;
     4    (VI)  provides coverage for intercollegiate sports injuries primary to
     5  any student accident and health insurance  policy  or  contract  or  any
     6  student  health plan issued pursuant to section one thousand one hundred
     7  twenty-four of this chapter; except that a policy  or  contract  meeting
     8  the  requirements  of  this item may be excess or secondary to any other
     9  policy or contract of accident and health insurance; and
    10    (VII) includes a maximum benefit amount  that  is  no  less  than  the
    11  deductible under the separate athletic association policy or contract if
    12  designed  to  coordinate with a separate policy or contract issued to an
    13  athletic association that extends coverage  for  intercollegiate  sports
    14  injuries.
    15    § 2. This act shall take effect immediately.