Bill Text: NY S06931 | 2019-2020 | General Assembly | Introduced
Bill Title: Details policies or contracts which are not included in the definition of student accident health insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-02-05 - referred to insurance [S06931 Detail]
Download: New_York-2019-S06931-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6931 IN SENATE January 6, 2020 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. Subparagraph (B) of paragraph 1 of subsection (a) of 2 section 3240 of the insurance law, as amended by chapter 461 of the laws 3 of 2015, clause (ii) as amended by a chapter of the laws of 2019, amend- 4 ing the insurance law relating to policies or contracts which are not 5 included in the definition of student accident and health insurance, as 6 proposed in legislative bills numbers S. 6197 and A. 492, is amended to 7 read as follows: 8 (B) "Student accident and health insurance" shall not include: 9 (i) a policy or contract that provides limited scope dental or vision 10 benefits meeting the definition of "excepted benefits" set forth in 11 section 2791 of the public health service act, 42 U.S.C. § 300gg-91(c); 12 [or] 13 (ii) [a] an accident policy or contract that provides benefits meeting 14 the definition of "excepted benefits" set forth in section 2791 of the 15 public health service act, 42 U.S.C. § 300gg-91(c), if the policy or 16 contract [is limited to insurance coverage for personal risks incident17to planned travel, including sickness, accident, disability, or death18occurring during travel, provided that such health benefits are not19offered on a stand-alone basis and are incidental to other coverage.20(iii) an accident policy or contract that provides benefits meeting21the definition of "excepted benefits" set forth in section 2791 of the22public health service act, 42 U.S.C. § 300gg-91(c), if the policy or23contract]: 24 (I) is limited to coverage for intercollegiate sports injuries only; 25 (II) provides benefits to diagnose and treat any intercollegiate 26 sports injury and does not include a benefit dollar maximum amount per EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05103-02-0S. 6931 2 1 injury that is less than the overall benefit dollar maximum amount per 2 student under the intercollegiate sports injury policy or contract; 3 (III) provides benefits on an expense incurred basis; 4 (IV) provides that premiums are paid in full by the institution of 5 higher education; 6 (V) includes prominent disclosure to the student that the accident 7 policy is not a substitute for comprehensive hospital and medical cover- 8 age; 9 (VI) provides coverage for intercollegiate sports injuries primary to 10 any student accident and health insurance policy or contract or any 11 student health plan issued pursuant to section one thousand one hundred 12 twenty-four of this chapter; except that a policy or contract meeting 13 the requirements of this item may be excess or secondary to any other 14 policy or contract of accident and health insurance; and 15 (VII) includes a maximum benefit amount that is no less than the 16 deductible under the separate athletic association policy or contract if 17 designed to coordinate with a separate policy or contract issued to an 18 athletic association that extends coverage for intercollegiate sports 19 injuries; 20 (iii) an accident policy or contract that provides benefits meeting 21 the definition of "excepted benefits" set forth in section 2791 of the 22 public health service act, 42 U.S.C. § 300gg-91(c)(1)(A), if the policy 23 or contract: 24 (I) is limited to transportation expenses in the event an insured 25 student incurs a covered sickness or accident, including transportation 26 expenses for a medical escort to travel with the student and transporta- 27 tion expenses for returning the student to the student's domicile; 28 (II) provides that premiums are paid in full by the institution of 29 higher education; 30 (III) covers students enrolled in the institution of higher education; 31 (IV) includes prominent disclosure to the student that the accident 32 policy is not a substitute for comprehensive hospital and medical cover- 33 age; and 34 (V) provides coverage for a period of twelve months; or 35 (iv) an insurance policy, contract, or certificate that provides 36 hospital, medical, or surgical expense coverage for a student while 37 studying outside the United States for a period of twelve months or less 38 that is issued to a student, provided that the student is also covered 39 by comprehensive hospital and medical coverage within the United States 40 and the insurance policy, contract, or certificate: 41 (I) is subject to the requirements of subsections (b), (c), (d), (e), 42 (h), and (i) of this section; 43 (II) meets the definition of "expatriate health plan" set forth in 42 44 U.S.C. § 18014(d)(2); 45 (III) excludes coverage within the United States; 46 (IV) may offer coverage for global evacuation and repatriation in the 47 event of the insured student's sickness or accident; and 48 (V) may offer coverage for trip cancellation, trip interruption, 49 baggage, personal effects, or global evacuation and repatriation, 50 including evacuation in the event of a natural or man-made disaster, 51 such as an epidemic, political event, war, terrorist act, riot, or civil 52 insurrection, pursuant to section three thousand four hundred fifty-two 53 of this chapter. 54 § 2. Clause (iii) of subparagraph (C) of paragraph 3 of subsection (a) 55 of section 4237 of the insurance law, as amended by chapter 461 of the 56 laws of 2015, is amended to read as follows:S. 6931 3 1 (iii) as described in item (ii), (iii) or (iv) of subparagraph (B) of 2 paragraph one of subsection (a) of section three thousand two hundred 3 forty of this chapter. 4 § 3. Paragraphs 3, 4 and 5 of subsection (a) of section 3452 of the 5 insurance law, as added by chapter 318 of the laws of 2008, are amended 6 to read as follows: 7 (3) The policy may be issued to: 8 (A) any railroad company, steamship company, carrier by air, public 9 bus carrier, or other common carrier of passengers, which shall be 10 deemed the policyholder, where the policy insures its passengers; [or] 11 (B) an institution of higher education as provided in paragraph two of 12 subsection (a) of section three thousand two hundred forty of this chap- 13 ter; or 14 (C) any other group where the superintendent has determined in a regu- 15 lation that the members are engaged in a common enterprise, or have an 16 economic or social affinity or relationship, and that the issuance of 17 the policy would not be contrary to the best interests of the public. 18 (4) [The] (A) Except as provided in subparagraph (B) of paragraph one 19 of subsection (a) of section three thousand two hundred forty of this 20 chapter, the policy may provide coverage for trip cancellation, trip 21 interruption, baggage, and personal effects when limited to a specific 22 trip. The policy shall be sold in connection with transportation 23 provided by the common carrier or, with respect to other groups as 24 permitted by the superintendent in accordance with subparagraph [(B)] 25 (C) of paragraph three of this subsection, subject to such limitations 26 provided in the regulation promulgated by the superintendent. 27 (B) A policy issued to an institution of higher education shall comply 28 with clause (V) of item (iv) of subparagraph (B) of paragraph one of 29 subsection (a) of section three thousand two hundred forty of this chap- 30 ter. 31 (5) Coverage under the policy shall be limited to the group member's 32 risks with respect to a particular trip, except a policy issued to an 33 institution of higher education shall comply with item (iv) of subpara- 34 graph (B) of paragraph one of subsection (a) of section three thousand 35 two hundred forty of this chapter. 36 § 4. Paragraph 1 of subsection (c) of section 3452 of the insurance 37 law, as added by chapter 318 of the laws of 2008, is amended to read as 38 follows: 39 (1) Unless the group policy provides for a longer policy period, the 40 policy shall be issued or renewed for a one-year policy period, except a 41 policy issued to an institution of higher education shall be issued or 42 renewed for a period consistent with item (iv) of subparagraph (B) of 43 paragraph one of subsection (a) of section three thousand two hundred 44 forty of this chapter. 45 § 5. Subparagraph (B) of paragraph 7 of subsection (c) of section 3452 46 of the insurance law, as added by chapter 318 of the laws of 2008, is 47 amended to read as follows: 48 (B) The coverage shall terminate as provided in the certificate, which 49 shall in no event be later than the conclusion of the trip, except 50 coverage under a policy issued to an institution of higher education as 51 provided in item (iv) of subparagraph (B) of paragraph one of subsection 52 (a) of section three thousand two hundred forty of this chapter shall 53 terminate in accordance with the provisions of that section. 54 § 6. This act shall take effect on the same date and in the same 55 manner as a chapter of the laws of 2019, amending the insurance law 56 relating to policies or contracts which are not included in the defi-S. 6931 4 1 nition of student accident and health insurance, as proposed in legisla- 2 tive bills numbers S. 6197 and A. 492, takes effect.
