Bill Text: NY A01153 | 2015-2016 | General Assembly | Amended
Bill Title: Expands the categories of policies classified as blanket accident policies.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2015-12-11 - tabled [A01153 Detail]
Download: New_York-2015-A01153-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1153--A 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 (F) of paragraph 3 as amended by chapter 369 of the laws of 3 1985, is amended to read as follows: 4 (a) (1) Any policy or contract of insurance against death or injury 5 resulting from accident which insures a group of persons conforming to 6 the requirements of one of the subparagraphs (A) through [(F)] (I) of 7 paragraph three [hereof] OF THIS SUBSECTION shall be deemed a blanket 8 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)] (I) of paragraph 11 three [hereof] OF THIS SUBSECTION against total or partial disability, 12 excluding such disability from accident, shall be deemed a blanket 13 health insurance policy. 14 (3) Any policy or contract of insurance which combines the coverage of 15 blanket accident insurance and of blanket health insurance on such a 16 group of persons shall be deemed a blanket accident and health insurance 17 policy: 18 (A) Under a policy or contract issued to any railroad, steamship, 19 motorbus or airplane carrier of passengers which shall be deemed the 20 policyholder, a group defined as all persons who may become such passen- 21 gers may be insured against death or bodily injury either while, or as a 22 result of, 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. LBD06334-04-5 A. 1153--A 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 a college, school, or other 8 institution of learning or to the head or principal thereof, who or 9 which shall be deemed the policyholder. 10 (D) Under a policy or contract issued in the name of 11 (i) any county, city, town, village or fire district, 12 (ii) any duly organized fire department, or fire company, of any such 13 municipal corporation or fire district, FIRST AID, CIVIL DEFENSE, OR 14 OTHER SUCH GROUP whether or not any such corporation has been incorpo- 15 rated under any general or special law, 16 (iii) any fire corporation incorporated under or subject to the 17 provisions of section one thousand four hundred two of the not-for-pro- 18 fit corporation law, or any general or special law, if such corporation 19 is by law under the general control of, or recognized as a fire corpo- 20 ration by, the governing board of a city, town, village or fire 21 district, which municipal corporation, fire district, fire department, 22 fire company or fire corporation, as the case may be, shall be deemed 23 the policyholder, covering all, but not less than twenty-five, volunteer 24 members of such department, company or corporation. A district corpo- 25 ration which has the general powers of and operates as a fire district 26 shall be considered a fire district for the purposes of this paragraph. 27 A volunteer fireman whose services are offered and accepted pursuant to 28 the provisions of section two hundred nine-i of the general municipal 29 law shall be deemed a volunteer member of any such fire department, fire 30 company or fire corporation except for the purpose of determining the 31 minimum number of twenty-five volunteer members for which any such poli- 32 cy or contract must provide coverage. Any such policy or contract issued 33 to a municipal corporation or a fire district shall be subject to any 34 limitations on the amount, coverage or benefits as are set forth in any 35 applicable general, special or local law or city or village charter. 36 (E) Under a policy or contract issued to and in the name of an incor- 37 porated or unincorporated association of persons having a common inter- 38 est or calling, which association shall be deemed the policyholder, 39 having not less than fifty members, covering all OR ANY GROUP OF the 40 members of such association or if part or all of the premium is to be 41 derived from funds contributed by the insured members and if the oppor- 42 tunity to take such insurance is offered to all eligible members, then 43 such policy must cover not less than seventy-five percent of any class 44 or classes of members determined by conditions pertaining to membership 45 in the association. 46 (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR 47 SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY- 48 HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR 49 OFFICIALS. 50 (G) UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR UNINCOR- 51 PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN- 52 IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI- 53 CYHOLDER, COVERING ANY GROUP OF MEMBERS, PARTICIPANTS, OR VOLUNTEERS 54 DEFINED BY REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY OR ACTIVITIES 55 OR OPERATIONS SPONSORED OR SUPERVISED BY OR ON THE PREMISES OF SUCH 56 POLICYHOLDER. A. 1153--A 3 1 (H) AN ENTERTAINMENT, THEATER, ARTS OR EVENT PRODUCTION COMPANY OR 2 ORGANIZATION, WHICH SHALL BE DEEMED THE POLICYHOLDER, COVERING ALL OR 3 ANY GROUP OF PARTICIPANTS, VOLUNTEERS, AUDIENCE MEMBERS, CONTESTANTS, 4 EMPLOYEES OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR OPERATIONS 5 OF THE POLICYHOLDER. 6 (I) Under a policy or contract issued to insure; (i) any other 7 substantially similar group approved by the superintendent as eligible 8 for insurance under a blanket accident and health insurance policy or 9 contract; THE DISCRETION OF THE SUPERINTENDENT MAY BE EXERCISED ON AN 10 INDIVIDUAL RISK BASIS OR CLASS OF RISKS, OR BOTH; or (ii) any other 11 group approved by the superintendent upon a finding that: (I) there is a 12 common enterprise or economic or social affinity or relationship; (II) 13 the premiums charged are reasonable in relation to the benefits 14 provided; and (III) the issuance of the policy would result in economies 15 of acquisition or administration, would be actuarially sound, and would 16 not be contrary to the best interest of the public. The superintendent 17 shall promulgate regulations setting forth any such groups that have 18 been accepted as qualifying pursuant to this subparagraph. 19 S 2. This act shall take effect immediately.