Bill Text: NY S06197 | 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: Bipartisan Bill

Status: (Passed) 2019-12-27 - APPROVAL MEMO.92 [S06197 Detail]

Download: New_York-2019-S06197-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6197

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 22, 2019
                                       ___________

        Introduced  by  Sens. BRESLIN, O'MARA -- read twice and ordered printed,
          and when printed to be committed 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
        S. 6197                             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.