Authorizes the New York black car operators' injury compensation fund, inc. to offer drivers health, vision, dental, life, paid leave, retirement and financial services; allows the fund to provide for an additional 10% to pay for the additional benefits; further authorizes the fund to administer benefits or hire a third party administrator.
STATE OF NEW YORK
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11105
IN ASSEMBLY
June 5, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rodriguez)
-- read once and referred to the Committee on Labor
AN ACT to amend the executive law, in relation to the authority of the
New York black car operators' injury compensation fund, inc. to
provide additional benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 160-jj of the executive
2 law, as added by chapter 49 of the laws of 1999, are amended to read as
3 follows:
4 1. To pay (a) the costs of the insurance purchased pursuant to subdi-
5 vision three of section one hundred sixty-ii of this article or (b) the
6 benefits due under the workers' compensation law in the event the fund
7 self-insures pursuant to subdivision two of section one hundred sixty-ii
8 of this article, and to pay (c) its expenses in carrying out its powers
9 and duties under this article and (d) its liabilities, if any, pursuant
10 to section fourteen-a of the workers' compensation law, the fund shall
11 ascertain by reasonable estimate the total funding necessary to carry on
12 its operations and (e) the costs of benefits, sourcing and enrolling or
13 the costs provided to a third party not-for-profit organization, as
14 authorized by the fund, capable of educating, sourcing and enrolling
15 large groups of black car operators into additional health services and
16 related benefits that black car operators do not typically have or have
17 access to including, but not limited to, health insurance, life insur-
18 ance, disability insurance, vision insurance, dental insurance, paid
19 leave, retirement services, and financial services.
20 2. Based upon its estimation of operating costs, the fund shall estab-
21 lish a proposed uniform percentage surcharge to be added to (a) the
22 invoices or billings for covered services sent to the customers of the
23 fund's members by a member or its agent and (b) the credit payments for
24 covered services received by a member or its agent. The proposed
25 surcharge shall become effective thirty days after being filed with the
26 department. Notwithstanding the foregoing, beginning on the first day of
27 the first calendar month that shall commence at least seventy-five days
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16149-01-8
A. 11105 2
1 after the effective date of this article, and until the fund shall have
2 filed with the department a different surcharge amount, a three percent
3 surcharge shall be added to every invoice or billing for covered
4 services sent by a member or its agent to, and every credit payment for
5 covered services received by a member or its agent from, the customers
6 of the fund's members. The surcharge amounts allocated for paragraph (e)
7 of subdivision one of this section shall not exceed ten percent. Each
8 member of the fund shall be liable for payment to the fund of an amount
9 equal to the product of (i) the percentages surcharge due pursuant to
10 this article, divided by one hundred and (ii) all payments received by
11 the member or its agent for covered services from the member's custom-
12 ers, as provided in this subdivision, regardless of whether the
13 surcharge was billed or charged.
14 § 2. Paragraphs (f), (g) and (h) of subdivision 2 of section 160-gg of
15 the executive law are relettered paragraphs (g), (h) and (i) and a new
16 paragraph (f) is added to read as follows:
17 (f) establish a procedure to ensure delivery of prompt and accurate
18 data to determine whether a black car operator is eligible for benefits
19 under paragraph (e) of subdivision one of section one hundred sixty-jj
20 of this article for instances where the black car operator works across
21 multiple central dispatch facilities as defined in subdivision three of
22 section one hundred sixty-cc of this article;
23 § 3. This act shall take effect on the ninetieth day after it shall
24 have become a law.
