Bill Text: NY A11192 | 2017-2018 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-14 - referred to insurance [A11192 Detail]

Download: New_York-2017-A11192-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11192
                   IN ASSEMBLY
                                      June 14, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lifton) --
          read once and referred 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;
    23    (V)  includes  prominent  disclosure  to the student that the accident
    24  policy is not a substitute for comprehensive hospital and medical cover-
    25  age;
    26    (VI) provides coverage for intercollegiate sports injuries primary  to
    27  any  student  accident  and  health  insurance policy or contract or any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16270-01-8
        A. 11192                            2
     1  student health plan issued pursuant to section one thousand one  hundred
     2  twenty-four  of  this  chapter; except that a policy or contract meeting
     3  the requirements of this item may be excess or secondary  to  any  other
     4  policy or contract of accident and health insurance; and
     5    (VII)  includes  a  maximum  benefit  amount  that is no less than the
     6  deductible under the separate athletic association policy or contract if
     7  designed to coordinate with a separate policy or contract issued  to  an
     8  athletic  association  that  extends coverage for intercollegiate sports
     9  injuries.
    10    § 2. This act shall take effect immediately.