Bill Text: NY A11131 | 2009-2010 | General Assembly | Introduced
Bill Title: Expands definition of an independent worker and requirements for an eligible insurer's application.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Passed) 2010-08-30 - signed chap.448 [A11131 Detail]
Download: New_York-2009-A11131-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11131
I N A S S E M B L Y
May 19, 2010
___________
Introduced by M. of A. SILVER, MORELLE, GOTTFRIED, JOHN, MILLMAN, BREN-
NAN, FARRELL, POWELL, LENTOL, GLICK, PHEFFER, WEINSTEIN -- Multi-Spon-
sored by -- M. of A. ABBATE, AUBRY, BING, CAHILL, CLARK, CYMBROWITZ,
DINOWITZ, HEVESI, JAFFEE, KOON, LANCMAN, MAGEE, MENG, O'DONNELL,
PERRY, PRETLOW, ROSENTHAL, SCARBOROUGH, SKARTADOS, ZEBROWSKI -- read
once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to the definition of an
independent worker and requirements for an eligible insurer's applica-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 3 of subsection (b) of section 1123 of the insur-
2 ance law, as added by section 447 of the laws of 2009, is amended to
3 read as follows:
4 (3) "Independent worker" means an individual who: (A) is an independ-
5 ent contractor; (B) is self-employed; (C) works part-time; (D) obtains
6 temporary work through an employment agency; [or] (E) performs temporary
7 work for two or more employers simultaneously; (F) IS A DOMESTIC CHILD
8 CARE WORKER; OR (G) WORKS FULL-TIME FOR A SINGLE EMPLOYER ON A TEMPORARY
9 BASIS FOR A PERIOD NOT TO EXCEED EIGHTEEN MONTHS IF SUCH EMPLOYER DOES
10 NOT OFFER GROUP HEALTH INSURANCE COVERAGE TO EMPLOYEES EMPLOYED ON SUCH
11 A TEMPORARY BASIS. An individual is not an independent worker if he or
12 she is employed full-time by a single employer, with the exception of an
13 individual who [obtains full-time temporary work through an employment
14 agency] MEETS THE REQUIREMENTS OF CLAUSE (D), (F) OR (G) OF THIS PARA-
15 GRAPH.
16 S 2. Paragraph 3 of subsection (c) of section 1123 of the insurance
17 law, as added by section 447 of the laws of 2009, is amended to read as
18 follows:
19 (3) Any eligible insurer seeking the superintendent's approval under
20 paragraph two of this subsection shall submit a written request to the
21 superintendent within thirty days of the effective date of this section.
22 The eligible insurer's application shall: specify the identity and
23 composition of the eligible association, the eligible association's
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17083-01-0
A. 11131 2
1 membership rules AND ANY MEMBERSHIP FEES CHARGED BY THE ELIGIBLE ASSOCI-
2 ATION, and the terms under which the eligible insurer shall provide
3 group health insurance to the eligible association; demonstrate that the
4 eligible insurer and the eligible association meet the requirements set
5 forth in this section; and identify the group health insurance policy
6 forms that the eligible insurer will issue to the eligible association.
7 AN ELIGIBLE ASSOCIATION MAY CHARGE INDIVIDUALS REASONABLE APPLICATION
8 AND/OR RENEWAL FEES FOR DETERMINING THE INDIVIDUAL'S INITIAL AND ONGOING
9 ELIGIBILITY FOR GROUP HEALTH INSURANCE OBTAINED BY THE ELIGIBLE ASSOCI-
10 ATION UNDER THIS SECTION. The superintendent shall make a determination
11 on any request within ninety days of receipt of all necessary informa-
12 tion. The superintendent shall issue an approval to only one eligible
13 insurer.
14 S 3. This act shall take effect immediately; provided, however, that
15 the amendments to section 1123 of the insurance law made by sections one
16 and two of this act shall not affect the repeal of such section and
17 shall be deemed repealed therewith.
