NY State Senate Bill 2009-S7772

Senate Bill S7772

Signed By Governor

2009-2010 Legislative Session

Relating to definition of an independent worker and requirements for an eligible insurer's application

download bill text pdf

Archive: Last Bill Status Via A11131 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.448
Aug 18, 2010	delivered to governor
Jun 18, 2010	returned to assembly passed senate 3rd reading cal.685 substituted for s7772
Jun 18, 2010	substituted by a11131
Jun 03, 2010	advanced to third reading
Jun 02, 2010	2nd report cal.
Jun 01, 2010	1st report cal.685
May 07, 2010	referred to insurance

Votes

- Jun 18, 2010 - Floor Vote
  A11131
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Golden
      
      Morahan
      
      Oppenheimer
      
      Schneiderman
  Jun 1, 2010 - Insurance Committee Vote
  S7772
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Jun 1, 2010
      
      aye (18)
      
      Alesi
      
      Breslin
      
      Diaz
      
      Espada
      
      Golden
      
      Johnson
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      McDonald
      
      Parker
      
      Peralta
      
      Sampson
      
      Seward
      
      Stachowski
      
      Thompson
      
      Young

2009-S7772 (ACTIVE) - Details

See Assembly Version of this Bill:: A11131
Law Section:: Insurance Law
Laws Affected:: Amd §1123, Ins L

2009-S7772 (ACTIVE) - Summary

Expands definition of an independent worker and requirements for an eligible insurer's application.

2009-S7772 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7772

 TITLE OF BILL :

An act to amend the insurance law, in relation to the definition of an
independent worker and requirements for an eligible insurer's
application


 PURPOSE OR GENERAL IDEA OF BILL :

Clarifies the definition of independent worker as it relates to the
Freelancers Insurance Company.

 SUMMARY OF PROVISIONS :

Section 1 clarifies the definition of "independent worker" in
Insurance Law § 1123 to include (1) individuals who work full-time for
a single employer on a temporary basis and (2) domestic workers such
as nannies.

Section 2 permits an eligible association administering this plan to
charge a fixed fee to determine eligibility of applicants to the
health program.

Section 3 is the effective date.

 JUSTIFICATION :

Independent workers such as part-time workers, temps, freelancers and
independent contractors have a particularly difficult time finding
affordable health insurance because they cannot get coverage on a
group basis through their employer. To address this problem, the
legislature enacted A.7949-A (Silver)/S.4602A (Breslin) that creates
special demonstration authority for the Insurance Department to permit
a health insurer owned by a tax-exempt association of independent
workers to offer coverage solely to the association's members, without
having to serve the employer-based group health insurance market. A
health insurer participating in this program is required to follow all
insurance law, including benefit mandates, and report to the Insurance
Department which will analyze the impact of the program.

An administrator of this health insurance plan is permitted to charge
a reasonable fixed fee for assessing an applicants eligibility for
coverage. This fee is necessary to ensure that the administrator can
process the applications and will only be assessed when an application
is submitted.

This bill would amend Insurance Law §1123, where this insurance
demonstration program was enacted, to clarify the definition of
"independent worker" to include (1) individuals who work full-time for
a single employer on a temporary basis and (2) domestic workers such
as nannies. This would insure that all independent workers have access
to uninterrupted and affordable health insurance.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill that makes technical corrections to
A.7949-A/S.4602-A/Chapter 447 of 2009.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that the
amendments to section 1123 of the insurance law made by sections one
and two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

2009-S7772 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7772

                            I N  S E N A T E

                               May 7, 2010
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Paragraph 3 of subsection (b) of section 1123 of the insur-
ance law, as added by section 447 of the laws of  2009,  is  amended  to
read as follows:
  (3)  "Independent worker" means an individual who: (A) is an independ-
ent contractor; (B) is self-employed; (C) works part-time;  (D)  obtains
temporary work through an employment agency; [or] (E) performs temporary
work  for  two or more employers simultaneously; (F) IS A DOMESTIC CHILD
CARE WORKER; OR (G) WORKS FULL-TIME FOR A SINGLE EMPLOYER ON A TEMPORARY
BASIS FOR A PERIOD NOT TO EXCEED EIGHTEEN MONTHS IF SUCH  EMPLOYER  DOES
NOT  OFFER GROUP HEALTH INSURANCE COVERAGE TO EMPLOYEES EMPLOYED ON SUCH
A TEMPORARY BASIS. An individual is not an independent worker if  he  or
she is employed full-time by a single employer, with the exception of an
individual  who  [obtains full-time temporary work through an employment
agency] MEETS THE REQUIREMENTS OF CLAUSE (D), (F) OR (G) OF  THIS  PARA-
GRAPH.
  S  2.  Paragraph  3 of subsection (c) of section 1123 of the insurance
law, as added by section 447 of the laws of 2009, is amended to read  as
follows:
  (3)  Any  eligible insurer seeking the superintendent's approval under
paragraph two of this subsection shall submit a written request  to  the
superintendent within thirty days of the effective date of this section.
The  eligible  insurer's  application  shall:  specify  the identity and
composition of the  eligible  association,  the  eligible  association's
membership rules AND ANY MEMBERSHIP FEES CHARGED BY THE ELIGIBLE ASSOCI-
ATION,  and  the  terms  under  which the eligible insurer shall provide
group health insurance to the eligible association; demonstrate that the
eligible insurer and the eligible association meet the requirements  set

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17083-01-0

S. 7772                             2

forth  in  this  section; and identify the group health insurance policy
forms that the eligible insurer will issue to the eligible  association.
AN  ELIGIBLE  ASSOCIATION  MAY CHARGE INDIVIDUALS REASONABLE APPLICATION
AND/OR RENEWAL FEES FOR DETERMINING THE INDIVIDUAL'S INITIAL AND ONGOING
ELIGIBILITY  FOR GROUP HEALTH INSURANCE OBTAINED BY THE ELIGIBLE ASSOCI-
ATION UNDER THIS SECTION. The superintendent shall make a  determination
on  any  request within ninety days of receipt of all necessary informa-
tion.  The superintendent shall issue an approval to only  one  eligible
insurer.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 1123 of the insurance law made by sections one
and two of this act shall not affect the  repeal  of  such  section  and
shall be deemed repealed therewith.

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