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A11131 Summary:

A11131 Actions:

A11131 Floor Votes:

A11131 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11131
 
                   IN ASSEMBLY
 
                                      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    § 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    §  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.