Bill Text: NY A05765 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Establishes a program to administer the purchase of health insurance for New York trainers at franchised corporation race tracks.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-10-08 - signed chap.450 [A05765 Detail]

Download: New_York-2021-A05765-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5765

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Racing and Wagering

        AN ACT to amend the racing, pari-mutuel wagering and  breeding  law,  in
          relation  to  health  insurance  for  New  York trainers at franchised
          corporation race tracks

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
     2  amended by adding a new section 221-b to read as follows:
     3    § 221-b. Health insurance for trainers. 1.  A  franchised  corporation
     4  shall,  as  a condition of racing, establish a program to administer the
     5  purchase of health insurance for eligible trainers. Such  program  shall
     6  be  funded  through the deposit of up to four percent of the gross purse
     7  enhancement amount from video lottery gaming  at  a  thoroughbred  track
     8  pursuant to paragraph two of subdivision b and paragraph one of subdivi-
     9  sion  f of section sixteen hundred twelve of the tax law. The franchised
    10  corporation shall establish a segregated account for the receipt of such
    11  monies and such monies shall remain separate from any other  funds.  The
    12  franchised  corporation licensed pursuant to this article shall pay into
    13  such account any amount due within ten days of the  receipt  of  revenue
    14  pursuant  to section sixteen hundred twelve of the tax law.  Any portion
    15  of such funding to the account unused during a calendar  year,  less  an
    16  amount sufficient to cover anticipated premium liabilities over the next
    17  sixty days, shall be returned on a pro rata basis in accordance with the
    18  amounts  originally  contributed  and  shall  be used for the purpose of
    19  enhancing purses at such tracks. Provided, however,  if  the  franchised
    20  corporation  licensed  pursuant  to this article provides an alternative
    21  source of funding for such program, an amount equal to this  alternative
    22  funding,  but  not in excess of the amount originally contributed during
    23  the year from the gross purse  enhancement  amount  from  video  lottery
    24  gaming  attributable to the franchised corporation, shall be returned to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09001-01-1
        A. 5765                             2

     1  the franchised corporation and used for the purpose of enhancing  purses
     2  at such track. Provided, further, any such alternative source of funding
     3  shall be approved by the gaming commission.
     4    2.  The franchised corporation shall enter into a memorandum of under-
     5  standing with the horsemen's organization representing at  least  fifty-
     6  one  percent of the owners and trainers utilizing the facilities of such
     7  franchised corporation for a plan of operation of the program,  provided
     8  that  such  memorandum  of understanding shall be approved by the gaming
     9  commission upon a determination that such  memorandum  of  understanding
    10  meets  the  statutory  requirements  of  this section and is in the best
    11  interest of racing and shall include, but not be limited to, the follow-
    12  ing conditions:
    13    a. health insurance policies shall be purchased on an American  health
    14  benefit  exchange  established  pursuant  to 42 U.S.C. § 18031(b) by the
    15  insured;
    16    b. health insurance  policies  eligible  to  be  purchased  under  the
    17  program shall be any policy that is silver level of coverage or lower as
    18  defined  by  42  U.S.C.  §  18022(d). Provided, however, the insured may
    19  elect to purchase a gold level or platinum level of coverage as  defined
    20  by  42  U.S.C. § 18022(d) if the insured pays the difference in premiums
    21  between such policy and the premium for the silver level policy  offered
    22  by the same insurer. Such payments shall be paid into the account estab-
    23  lished  in  subdivision one of this section and shall be governed by the
    24  terms of the memorandum of understanding required by this section;
    25    c. notwithstanding the conditions set forth in paragraphs a and  b  of
    26  this  subdivision,  a  memorandum  of  understanding with the horsemen's
    27  organization representing at least fifty-one percent of the  owners  and
    28  trainers  utilizing the facilities of such franchised corporation may be
    29  approved by the commission upon a determination that such memorandum  of
    30  understanding  is  in the best interest of racing that creates a trainer
    31  health trust to be administered by the franchised  corporation  for  the
    32  purpose  of  obtaining  trainers health benefits from a health insurance
    33  provider that covers trainers and their dependents with a health  insur-
    34  ance policy that is not purchased on an American health benefit exchange
    35  established  pursuant  to  42  U.S.C. § 18031(b) but does provide silver
    36  level coverage or lower as defined by 42 U.S.C. § 18022(d);
    37    d. the payment of premiums pursuant to this section shall be  made  on
    38  behalf  of eligible trainers pursuant to paragraph e of this subdivision
    39  by the franchised corporation from monies in the account established  in
    40  subdivision  one  of  this  section directly to the health plan selected
    41  pursuant to paragraph b or c of this subdivision;
    42    e. to be eligible to receive health insurance through this program, an
    43  individual shall meet one of the following requirements:
    44    (i) have started at least thirty races  conducted  by  the  franchised
    45  corporation during the prior calendar year and at least sixty percent of
    46  the  trainers'  total amount of starts occurred at the franchised corpo-
    47  ration during the prior calendar year;
    48    (ii) have retired from thoroughbred horse  training  activities  after
    49  having  entered  at least two thousand races conducted by the franchised
    50  corporation and is no longer licensed  by  the  New  York  state  gaming
    51  commission on or after January first, two thousand twenty-one; or
    52    (iii)  have reached age sixty-five and have entered at least two thou-
    53  sand races conducted by the franchised corporation and is duly  licensed
    54  by the New York state gaming commission; and
    55    f. the gaming commission shall have the following powers:
        A. 5765                             3

     1    (i) to rule on eligibility in the event of a denial of coverage pursu-
     2  ant  to  paragraph  e  of  this subdivision. In the event of a denial of
     3  coverage, such individual trainer that was denied eligibility may appeal
     4  to the gaming commission;
     5    (ii)  to  make  a  determination if an individual would have qualified
     6  pursuant to subparagraph (i) of paragraph e of this subdivision; and
     7    (iii) to audit the books and records of the program.
     8    § 2. This act shall take effect immediately, provided,  however,  that
     9  payment  of  premiums  pursuant to this act shall begin no later than 60
    10  days following the approval by the gaming commission of a memorandum  of
    11  understanding  establishing  a  plan of operation as required by section
    12  221-a of the racing, pari-mutuel wagering and breeding law.