assembly Bill A6519B

Signed by Governor

Creates the freelancers health plan demonstration program

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Sponsor

SILVER

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 04 / Apr / 2013
    • REFERRED TO INSURANCE
  • 30 / Apr / 2013
    • REPORTED REFERRED TO CODES
  • 07 / Jun / 2013
    • AMEND AND RECOMMIT TO CODES
  • 07 / Jun / 2013
    • PRINT NUMBER 6519A
  • 12 / Jun / 2013
    • REPORTED REFERRED TO RULES
  • 12 / Jun / 2013
    • AMEND AND RECOMMIT TO RULES 6519B
  • 17 / Jun / 2013
    • REPORTED
  • 17 / Jun / 2013
    • RULES REPORT CAL.331
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.331
  • 17 / Jun / 2013
    • PASSED ASSEMBLY
  • 17 / Jun / 2013
    • DELIVERED TO SENATE
  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 20 / Jun / 2013
    • SUBSTITUTED FOR S4526B
  • 20 / Jun / 2013
    • 3RD READING CAL.1559
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.203

Summary

Creates the freelancers health plan demonstration program; provides that such program would be a self-funded plan maintained by an association for the purpose of providing medical, surgical, or hospital services to independent workers; provides for an expiration of December 31, 2014.

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Bill Details

See Senate Version of this Bill:
S4526B
Versions:
A6519
A6519A
A6519B
Legislative Cycle:
2013-2014
Law Section:
Insurance Law
Laws Affected:
Add §1125, amd §§4237-a & 1108, Ins L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6519--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by M. of A. SILVER, CAHILL, HEASTIE, MORELLE, FARRELL, BREN-
  NAN, MILLMAN, LENTOL, GLICK, GOTTFRIED, KAVANAGH, O'DONNELL,  PRETLOW,
  ROSENTHAL, SCHIMEL, JAFFEE, HEVESI, TITONE, WEINSTEIN, JACOBS, MARKEY,
  WEPRIN  --  Multi-Sponsored  by  --  M.  of A. ABBATE, AUBRY, BARRETT,
  BROOK-KRASNY,  CLARK,  COLTON,  CYMBROWITZ,   DINOWITZ,   ENGLEBRIGHT,
  GABRYSZAK,  GALEF,  GIBSON,  LAVINE,  LUPARDO,  MAGEE, PEOPLES-STOKES,
  PERRY, RIVERA, ROBERTS, SCARBOROUGH,  SEPULVEDA,  SIMOTAS,  SKARTADOS,
  STECK,  SWEENEY,  ZEBROWSKI -- read once and referred to the Committee
  on Insurance -- reported and referred to the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported and referred to the  Commit-
  tee  on  Rules  --  Rules  Committee discharged, bill amended, ordered
  reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the insurance law, in relation to creating the freelanc-
  ers health plan demonstration program; and providing for the repeal of
  such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 1125
to read as follows:
  S 1125. FREELANCERS  HEALTH  PLAN  DEMONSTRATION  PROGRAM.    (A)  FOR
PURPOSES OF THIS SECTION:
  (1) "FREELANCERS ASSOCIATION" MEANS AN ENTITY THAT: (A) IS EXEMPT FROM
FEDERAL  TAXATION  UNDER  SECTION  501(C)(3)  OR  (C)(4) OF THE INTERNAL
REVENUE CODE; AND (B) PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, HAS
BEEN ISSUED ONE OR MORE HEALTH INSURANCE POLICIES BY  AN  INSURER  UNDER
SECTION ONE THOUSAND ONE HUNDRED TWENTY-THREE OF THIS ARTICLE.
  (2)  "FREELANCERS HEALTH PLAN" OR "PLAN"  MEANS A PLAN MAINTAINED BY A
FREELANCERS ASSOCIATION FOR THE PURPOSE OF PROVIDING MEDICAL,  SURGICAL,
OR HOSPITAL SERVICES TO INDEPENDENT WORKERS WHO ARE MEMBERS OF THE FREE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10111-10-3

A. 6519--B                          2

LANCERS  ASSOCIATION  AND  A MEMBER'S SPOUSE, CHILDREN AND OTHER PERSONS
CHIEFLY DEPENDENT UPON THE MEMBER FOR SUPPORT AND MAINTENANCE.
  (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; (E) PERFORMS TEMPORARY WORK
FOR  TWO  OR MORE EMPLOYERS SIMULTANEOUSLY; (F) IS A DOMESTIC CHILD CARE
WORKER; OR (G) IS HIRED TO WORK FULL-TIME FOR A SINGLE  EMPLOYER  FOR  A
PERIOD  NOT  TO  EXCEED  EIGHTEEN MONTHS IF SUCH EMPLOYER DOES NOT OFFER
GROUP HEALTH INSURANCE TO EMPLOYEES EMPLOYED ON 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
MEETS  THE  REQUIREMENTS  OF  SUBPARAGRAPH (D), (F) OR (G) OF THIS PARA-
GRAPH.
  (4) "MEMBER CONTRACT" MEANS EVIDENCE OF COVERAGE FURNISHED TO AN INDE-
PENDENT WORKER WHO IS A MEMBER OF A FREELANCERS  ASSOCIATION  THAT  SETS
FORTH ALL BENEFITS AND TERMS AND CONDITIONS WITH REGARD TO A FREELANCERS
HEALTH PLAN.
  (5)  "QUALIFIED  ACTUARY"  MEANS  AN  ACTUARY  WHO IS A MEMBER IN GOOD
STANDING OF THE AMERICAN ACADEMY OF ACTUARIES OR SOCIETY  OF  ACTUARIES,
WITH  EXPERIENCE IN ESTABLISHING RATES FOR SELF-INSURED TRUSTS PROVIDING
HEALTH BENEFITS OR OTHER SIMILAR EXPERIENCE.
  (B) A FREELANCERS ASSOCIATION SHALL NOT ESTABLISH, MAINTAIN, OR OTHER-
WISE PARTICIPATE IN A FREELANCERS HEALTH  PLAN  UNLESS  THE  FREELANCERS
ASSOCIATION  OBTAINS  AND  MAINTAINS A DEMONSTRATION PROGRAM WAIVER FROM
THE SUPERINTENDENT PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (C) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A FREELANCERS  ASSO-
CIATION OPERATING A FREELANCERS HEALTH PLAN SHALL:
  (1) WITH THE EXCEPTION OF THE ENROLLMENT PROVISIONS AS PROVIDED FOR IN
SECTION  FOUR  THOUSAND  THREE  HUNDRED  SEVENTEEN  OF  THIS CHAPTER AND
STABILIZATION OF HEALTH INSURANCE MARKETS AND PREMIUM RATES AS  PROVIDED
FOR  IN SECTION THREE THOUSAND TWO HUNDRED THIRTY-THREE OF THIS CHAPTER,
BE SUBJECT TO THE SAME PROVISIONS  AND  REQUIREMENTS  OF  A  CORPORATION
ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND
  (2) PROVIDE THAT ITS PLAN WILL HAVE AN EXPECTED LOSS RATIO OF NOT LESS
THAN  EIGHTY-TWO PERCENT. IN REVIEWING A RATE FILING OR APPLICATION BY A
PLAN, THE SUPERINTENDENT MAY  MODIFY  THE  EIGHTY-TWO  PERCENT  EXPECTED
MINIMUM  LOSS  RATIO  REQUIREMENT  IF  THE SUPERINTENDENT DETERMINES THE
MODIFICATION TO BE IN THE INTERESTS OF THE PEOPLE OF THIS  STATE  OR  IF
THE  SUPERINTENDENT DETERMINES THAT A MODIFICATION IS NECESSARY TO MAIN-
TAIN PLAN SOLVENCY. NO LATER THAN ONE  HUNDRED  TWENTY  DAYS  AFTER  THE
CLOSE  OF  A PLAN'S FISCAL YEAR, A PLAN SHALL ANNUALLY REPORT THE ACTUAL
LOSS RATIO FOR THE PREVIOUS PLAN FISCAL YEAR IN A FORMAT  ACCEPTABLE  TO
THE  SUPERINTENDENT.  IF  THE  EXPECTED  LOSS RATIO IS NOT MET, THEN THE
SUPERINTENDENT MAY DIRECT THE PLAN TO TAKE CORRECTIVE ACTION IN ADDITION
TO THE REQUIREMENTS OF SECTION FOUR THOUSAND THREE HUNDRED EIGHT OF THIS
CHAPTER; AND
  (3) INCLUDE IN ITS MEMBER CONTRACTS THAT THE MEMBER CONTRACT WILL  NOT
BE EFFECTIVE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN; AND
  (4)   PAY   ALL   CLAIMS   UNDER  ITS  MEMBER  CONTRACTS  BY  DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  (D) A FREELANCERS ASSOCIATION SHALL FILE AN APPLICATION FOR  A  DEMON-
STRATION   PROGRAM  WAIVER  ON  SUCH  FORM  AS  THE  SUPERINTENDENT  MAY
PRESCRIBE, AND SHALL PROVIDE TO THE SATISFACTION OF  THE  SUPERINTENDENT
THE FOLLOWING:
  (1)  A  COPY  OF THE MEMBER CONTRACT, INCLUDING A TABLE OF THE PREMIUM
RATES CHARGED OR PROPOSED TO BE CHARGED, THAT EFFECTIVE  JANUARY  FIRST,

A. 6519--B                          3

TWO  THOUSAND FOURTEEN, CONTAINS THE BENEFITS DESCRIBED IN PARAGRAPH ONE
OF SUBSECTION (B) OF SECTION FOUR THOUSAND THREE HUNDRED TWENTY-EIGHT OF
THIS CHAPTER AND SHALL OFFER TO ITS MEMBERS, AT A MINIMUM, A CONTRACT AT
ONE  OF  THE  LEVELS  OF  COVERAGE, AS DEFINED IN SECTION 1302(D) OF THE
AFFORDABLE CARE ACT, 42 USC 18022(D);
  (2) A REPORT INDICATING THE BENEFIT  PROVISIONS,  PREMIUM  RATES,  AND
INCURRED  MEDICAL  LOSSES  ASSOCIATED WITH THE FREELANCERS ASSOCIATION'S
MEMBERS UNDER THE INSURANCE POLICIES INSURING  THE  FREELANCERS  ASSOCI-
ATION'S   MEMBERS   PURSUANT   TO   SECTION  ONE  THOUSAND  ONE  HUNDRED
TWENTY-THREE OF THIS ARTICLE FOR THE THREE YEARS PRIOR TO  THE  DATE  OF
THE APPLICATION;
  (3)  THE  MOST RECENT CERTIFIED INDEPENDENTLY-AUDITED FINANCIAL STATE-
MENT FOR THE FREELANCERS ASSOCIATION;
  (4) A REPORT  PREPARED  BY  A  QUALIFIED  ACTUARY  THAT  SUPPORTS  THE
PROPOSED PREMIUMS FOR THE PLAN;
  (5)  A  COPY OF ALL AGREEMENTS BETWEEN THE FREELANCERS ASSOCIATION AND
ANY PLAN ADMINISTRATOR, WITH REGARD TO THE FREELANCERS HEALTH PLAN;
  (6) A PRO-FORMA BALANCE SHEET, INCLUDING ACTUARIALLY DETERMINED CLAIMS
LIABILITIES, AND STATEMENT OF REVENUE AND EXPENSES, INCLUDING REASONABLY
PROJECTED EXPENSES, MEDICAL  LOSSES,  AND  PREMIUMS  TO  BE  CHARGED  TO
MEMBERS OF THE PLAN;
  (7) A NARRATIVE DESCRIPTION OF:
  (A)  THE  ACCOUNTING METHODOLOGY THAT THE FREELANCERS ASSOCIATION WILL
UTILIZE, WHICH SHALL BE IN ACCORDANCE WITH  STATUTORY  ACCOUNTING  PRAC-
TICES  AND  PROCEDURES  AS  PRESCRIBED  BY APPLICABLE PROVISIONS OF THIS
CHAPTER AND REGULATIONS PROMULGATED THEREUNDER AS WOULD BE APPLICABLE TO
A CORPORATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAPTER;
  (B) BILLING AND CLAIM PAYMENT  PROCEDURES,  INCLUDING  THE  NAMES  AND
CONTACT  INFORMATION  FOR THOSE PERSONS CHARGED WITH HANDLING ACCOUNTING
AND CLAIMS ISSUES; AND
  (C) ANY COMPENSATION  THE  FREELANCERS  ASSOCIATION  WILL  RECEIVE  IN
CONNECTION WITH THE PLAN;
  (8)  A COPY OF ANY STOP-LOSS INSURANCE POLICY ISSUED OR PROPOSED TO BE
ISSUED BY AN INSURER AUTHORIZED TO  DO  THE  BUSINESS  OF  ACCIDENT  AND
HEALTH INSURANCE IN THIS STATE OR IS A HEALTH SERVICE CORPORATION ORGAN-
IZED UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND
  (9) SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.
  (E) UPON COMPLIANCE WITH THIS SECTION, TO THE EXTENT PERMISSIBLE UNDER
FEDERAL LAW, IF A FREELANCERS ASSOCIATION SUBMITS A MATERIALLY SATISFAC-
TORY AND COMPLETE APPLICATION WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
THIS  SECTION, THEN THE SUPERINTENDENT MAY ISSUE THE FREELANCERS ASSOCI-
ATION A DEMONSTRATION PROGRAM WAIVER THAT  IS  EFFECTIVE  ON  OR  BEFORE
JANUARY FIRST, TWO THOUSAND FOURTEEN. EVERY DEMONSTRATION PROGRAM WAIVER
SHALL  CONTAIN  THE  NAME OF THE ENTITY AND ITS HOME OFFICE ADDRESS. THE
SUPERINTENDENT SHALL REFUSE TO GRANT A DEMONSTRATION PROGRAM  WAIVER  TO
AN  APPLICANT  THAT FAILS TO MEET THE REQUIREMENTS OF THIS SECTION.  THE
SUPERINTENDENT MAY REFUSE TO ISSUE ANY DEMONSTRATION PROGRAM WAIVER  IF,
IN  THE  SUPERINTENDENT'S  JUDGMENT,  THE  REFUSAL WILL BEST PROMOTE THE
INTERESTS OF THE PEOPLE OF THIS STATE. NOTICE OF  REFUSAL  SHALL  BE  IN
WRITING  AND  SHALL    SET FORTH THE BASIS FOR REFUSAL. IF THE APPLICANT
SUBMITS A WRITTEN REQUEST WITHIN THIRTY DAYS AFTER RECEIPT OF THE NOTICE
OF REFUSAL, THEN THE SUPERINTENDENT SHALL CONDUCT A HEARING TO GIVE  THE
APPLICANT  THE  OPPORTUNITY  TO SHOW CAUSE WHY THE REFUSAL SHOULD NOT BE
MADE FINAL.
  (F) IN ORDER TO OBTAIN AND MAINTAIN A DEMONSTRATION PROGRAM WAIVER,  A
FREELANCERS ASSOCIATION SHALL:

A. 6519--B                          4

  (1)  FILE A COMPLETE APPLICATION WITH THE SUPERINTENDENT IN ACCORDANCE
WITH SUBSECTION (D) OF THIS SECTION;
  (2)  HAVE WITHIN ITS OWN ORGANIZATION ADEQUATE RESOURCES AND COMPETENT
PERSONNEL TO ADMINISTER THE FREELANCERS HEALTH  PLAN  OR,  IN  ORDER  TO
PROVIDE  SUCH ADMINISTRATIVE SERVICES, IN WHOLE OR PART, HAVE CONTRACTED
WITH A PERSON OR ENTITY TO SERVE AS A PLAN ADMINISTRATOR, DETERMINED  BY
THE  FREELANCERS ASSOCIATION TO BE QUALIFIED BASED UPON WRITTEN DOCUMEN-
TATION FURNISHED TO  THE  FREELANCERS  ASSOCIATION,  PROVIDED  THAT  THE
DOCUMENTATION  SHALL  BE  MADE  AVAILABLE  TO  THE  SUPERINTENDENT  UPON
REQUEST;
  (3) ESTABLISH AND  MAINTAIN  PREMIUM  RATES  SUFFICIENT  TO  MEET  ITS
CONTRACTUAL  OBLIGATIONS  AND  TO  SATISFY  THE RESERVE REQUIREMENTS SET
FORTH IN SUBSECTION (H) OF THIS SECTION;
  (4) ESTABLISH AND MAINTAIN A FAIR AND  EQUITABLE  PROCESS  FOR  CLAIMS
REVIEW, DISPUTE RESOLUTION, AND APPEAL PROCEDURES, INCLUDING ARBITRATION
OF  REJECTED  CLAIMS, AND PROCEDURES FOR HANDLING CLAIMS FOR BENEFITS IN
THE EVENT OF PLAN DISSOLUTION, THAT ARE SATISFACTORY TO THE  SUPERINTEN-
DENT AND ARE SUBJECT TO ARTICLE FORTY-NINE OF THIS CHAPTER;
  (5) PROVIDE MEMBERS WITH A MEMBER CONTRACT;
  (6)  MAINTAIN  ITS  FUNCTIONS,  ACTIVITIES AND SERVICES UNDERTAKEN AND
PERFORMED PURSUANT TO A DEMONSTRATION PROGRAM WAIVER SEPARATE  FROM  ANY
OTHER  FUNCTION, ACTIVITY OR SERVICE THROUGH THE MAINTENANCE OF SEPARATE
RECORDS, REPORTS AND ACCOUNTS  FOR  EACH  SUCH  FREELANCERS  ASSOCIATION
FUNCTION, ACTIVITY, OR SERVICE. THE RECORDS, REPORTS AND ACCOUNTS OF THE
FREELANCERS ASSOCIATION SHALL BE MAINTAINED SEPARATELY FROM THOSE OF ANY
OTHER  PERSON OR FREELANCERS ASSOCIATION THAT IS A PARENT, SUBSIDIARY OR
AFFILIATE OF THE FREELANCERS ASSOCIATION;
  (7) FILE ALL PLAN DOCUMENTS AND ANY AMENDMENTS THERETO WITH THE SUPER-
INTENDENT AND RECEIVE THE SUPERINTENDENT'S APPROVAL IN  ACCORDANCE  WITH
THIS SECTION; AND
  (8)  PROVIDE  PROMINENT,  SEPARATELY STATED NOTICE TO ALL PLAN PARTIC-
IPANTS THAT THEIR CONTRACTS WILL NOT BE EFFECTIVE AFTER  DECEMBER  THIR-
TY-FIRST, TWO THOUSAND FOURTEEN, AND THAT THEIR POLICIES ARE NON-RENEWA-
BLE FOR ANY PERIOD BEYOND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  (G)  A  FREELANCERS  ASSOCIATION  THAT  HAS  RECEIVED  A DEMONSTRATION
PROGRAM WAIVER SHALL FILE WITH THE SUPERINTENDENT, FOR  THE  SUPERINTEN-
DENT'S  PRIOR APPROVAL, ANY AMENDMENTS TO THE MEMBER CONTRACT, FREELANC-
ERS HEALTH PLAN, OR PREMIUM RATES CHARGED FOR THE PLAN.
  (H)(1) A  FREELANCERS  ASSOCIATION  SHALL  ESTABLISH  AND  MAINTAIN  A
RESERVE  TO  BE  DESIGNATED  AS THE STATUTORY RESERVE FUND, IN AN AMOUNT
EQUAL TO TWELVE AND ONE-HALF PER CENTUM OF THE NET PREMIUM INCOME OF THE
PLAN, IN ADDITION TO RESERVES CONSISTING OF  THE  AMOUNTS  NECESSARY  TO
SATISFY ALL CONTRACTUAL OBLIGATIONS AND LIABILITIES OF THE PLAN, INCLUD-
ING:  (A)  A RESERVE FOR PAYMENT OF CLAIMS AND EXPENSES THEREON REPORTED
BUT NOT YET PAID, AND CLAIMS AND EXPENSES THEREON INCURRED BUT  NOT  YET
REPORTED;  AND  (B) A RESERVE FOR UNEARNED PREMIUM EQUIVALENTS, COMPUTED
PRO-RATA ON THE BASIS OF THE UNEXPIRED PORTION OF THE POLICY PERIOD.
  (2) IF AT ANY TIME THE RESERVE FUNDS REQUIRED TO BE ESTABLISHED PURSU-
ANT TO THIS SECTION FALL BELOW THE REQUIRED MINIMUM  AMOUNTS,  THEN  THE
FREELANCERS  ASSOCIATION  SHALL IMMEDIATELY NOTIFY THE SUPERINTENDENT OF
SUCH IMPAIRMENT. THE FREELANCERS ASSOCIATION SHALL CURE  THE  IMPAIRMENT
WITHIN FIVE BUSINESS DAYS.
  (3)  THE  ASSETS  CONSTITUTING THE FREELANCERS HEALTH PLAN'S STATUTORY
RESERVE FUND SHALL CONSIST SOLELY OF CERTIFICATES OF DEPOSIT ISSUED BY A
UNITED STATES BANK AND PAYABLE IN UNITED STATES LEGAL TENDER, OR SECURI-
TIES REPRESENTING INVESTMENTS OF THE TYPES SPECIFIED IN PARAGRAPHS  ONE,

A. 6519--B                          5

TWO,  THREE,  EIGHT,  AND  TEN OF SUBSECTION (A) OF SECTION ONE THOUSAND
FOUR HUNDRED FOUR OF THIS CHAPTER, OR AS OTHERWISE  EXPRESSLY  PERMITTED
BY  THE  SUPERINTENDENT. ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON
THE  MONEY  SO  DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF
THE PLAN'S STATUTORY RESERVE FUND.
  (4) THE PLAN'S ASSETS,  LIABILITIES,  INCOME  AND  EXPENSES  SHALL  BE
ACCOUNTED  FOR  SEPARATE  AND  APART FROM ALL OTHER ASSETS, LIABILITIES,
INCOME AND EXPENSES OF THE FREELANCERS ASSOCIATION. THE  ACCOUNTING  FOR
THE  PLAN'S  STATUTORY RESERVE FUND SHALL SHOW: (A) THE PURPOSE, SOURCE,
DATE AND AMOUNT OF EACH SUM PAID INTO THE FUND; (B) THE INTEREST  EARNED
BY  SUCH  FUND;  (C)  CAPITAL GAINS OR LOSSES RESULTING FROM THE SALE OF
INVESTMENTS OF  THE  PLAN'S  STATUTORY  RESERVE  FUND;  (D)  THE  ORDER,
PURPOSE,  DATE  AND  AMOUNT  OF  EACH PAYMENT FROM THE STATUTORY RESERVE
FUND; AND (E) THE ASSETS OF THE STATUTORY RESERVE FUND, INDICATING  CASH
BALANCE AND SCHEDULE OF INVESTMENTS.
  (5)  THE  REQUIREMENTS  FOR  FUNDING  OF  THE PLAN'S RESERVES SHALL BE
CALCULATED USING STATUTORY ACCOUNTING PRACTICES AND  PROCEDURES.    ONLY
THOSE  EXPENSES THAT RELATE TO THE PLAN SHALL BE INCLUDED IN CALCULATING
THE REQUIREMENTS FOR FUNDING OF THE PLAN'S RESERVE FUNDS. EXPENSES ALLO-
CATED TO THE PLAN SHALL BE ALLOCATED ON AN EQUITABLE BASIS IN CONFORMITY
WITH CUSTOMARY INSURANCE ACCOUNTING PRINCIPLES CONSISTENTLY APPLIED. THE
BOOKS, ACCOUNTS, AND RECORDS OF THE  PLAN  SHALL  BE  MAINTAINED  AS  TO
CLEARLY  AND  ACCURATELY DISCLOSE THE NATURE AND DETAILS OF ALL EXPENSES
SO AS TO SUPPORT THE REASONABLENESS OF SUCH EXPENSES.
  (I) (1) A FREELANCERS ASSOCIATION SHALL FILE WITH  THE  SUPERINTENDENT
WITHIN  ONE HUNDRED TWENTY DAYS OF THE CLOSE OF THE PLAN'S FISCAL YEAR A
REPORT THAT CONTAINS:
  (A) AN ANNUAL FINANCIAL STATEMENT, VERIFIED BY THE OATH  OF  AT  LEAST
TWO  OF  THE  FREELANCERS  ASSOCIATION'S PRINCIPAL OFFICERS, WITH DIRECT
KNOWLEDGE OF THE OPERATIONS OF THE FREELANCERS HEALTH PLAN, SHOWING  THE
FINANCIAL  CONDITION  AND  AFFAIRS  OF  THE  PLAN DURING THE MOST RECENT
FISCAL YEAR, IN ACCORDANCE WITH LAW AND STATUTORY PRACTICES  AND  PROCE-
DURES  AS  ADOPTED  BY  THE  SUPERINTENDENT, IN A FORM PRESCRIBED BY THE
SUPERINTENDENT;
  (B) THE IDENTITY OF THE QUALIFIED ACTUARY UTILIZED BY THE  FREELANCERS
ASSOCIATION  OR PLAN AND THE AMOUNT PAID TO THE QUALIFIED ACTUARY BY THE
FREELANCERS ASSOCIATION OR PLAN DURING ITS MOST RECENT FISCAL YEAR;
  (C) THE IDENTITIES OF THE PLAN'S TEN LARGEST VENDORS BY PAYMENT AMOUNT
DURING ITS MOST RECENT FISCAL YEAR;
  (D) THE NAME AND CONTACT INFORMATION OF THE PERSON OR ENTITY APPOINTED
BY THE FREELANCERS ASSOCIATION  TO  ADMINISTER  THE  FREELANCERS  HEALTH
PLAN;
  (E) A PRO-FORMA STATEMENT OF PROJECTED REVENUE AND EXPENSES FOR HEALTH
BENEFITS ANTICIPATED BY THE PLAN FOR THE NEXT TWELVE-MONTH PERIOD OF THE
PLAN'S OPERATION, PROVIDED ON A FISCAL YEAR;
  (F)  A  DETAILED  REPORT OF THE OPERATIONS AND CONDITION OF THE PLAN'S
RESERVE FUNDS; AND
  (G) SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.
  (2) A FREELANCERS ASSOCIATION SHALL FILE WITH THE SUPERINTENDENT WITH-
IN ONE HUNDRED TWENTY DAYS OF THE CLOSE OF ITS FREELANCERS HEALTH PLAN'S
FISCAL YEAR THE MOST RECENT CERTIFIED, INDEPENDENTLY  AUDITED  FINANCIAL
STATEMENT  FOR  THE FREELANCERS ASSOCIATION. THE STATEMENT SHALL INCLUDE
AN OPINION OF AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT. THE  NOTES  TO
THE  FINANCIAL  STATEMENT  SHALL SHOW THE FINANCIAL RESULTS OF THE FREE-
LANCERS HEALTH PLAN OPERATIONS AND A DESCRIPTION AS TO HOW THE FREELANC-
ERS ASSOCIATION MEETS THE  RESERVE  REQUIREMENTS  IN  PARAGRAPH  ONE  OF

A. 6519--B                          6

SUBSECTION  (H) OF THIS SECTION, INCLUDING THE AMOUNTS REPORTED FOR EACH
OF THE RESERVES, THE METHOD USED TO  CALCULATE  THE  RESERVES,  AND  THE
CHANGE  IN  THE RESERVES FROM THE BEGINNING OF THE PLAN'S FISCAL YEAR TO
THE  END  OF THE PLAN'S FISCAL YEAR. IN ADDITION, THE NOTES TO FINANCIAL
STATEMENT SHALL DETAIL THE ASSETS COMPRISING THE STATUTORY RESERVE  FUND
TO  DEMONSTRATE  COMPLIANCE WITH PARAGRAPH ONE OF SUBSECTION (H) OF THIS
SECTION.
  (3) A FREELANCERS ASSOCIATION SHALL FILE A REPORT WITH THE SUPERINTEN-
DENT EACH QUARTER, WITHIN FORTY-FIVE DAYS AFTER QUARTER CLOSE,  DESCRIB-
ING  THE  PLAN'S CURRENT FINANCIAL STATUS AND PROVIDING SUCH INFORMATION
AS THE SUPERINTENDENT MAY PRESCRIBE.
  (4) A FREELANCERS ASSOCIATION THAT FAILS TO FILE ANY REPORT OR  STATE-
MENT REQUIRED BY THIS CHAPTER, OR FAILS TO REPLY WITHIN THIRTY DAYS TO A
WRITTEN  INQUIRY BY THE SUPERINTENDENT IN CONNECTION THEREWITH SHALL, IN
ADDITION TO OTHER PENALTIES PROVIDED BY THIS CHAPTER, BE  SUBJECT,  UPON
NOTICE  AN  OPPORTUNITY  TO BE HEARD, TO A PENALTY OF UP TO ONE THOUSAND
DOLLARS PER DAY OF DELAY, NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS  IN
THE AGGREGATE, FOR EACH SUCH FAILURE.
  (J)  THE  SUPERINTENDENT MAY, PURSUANT TO SECTIONS THREE HUNDRED NINE,
THREE HUNDRED TEN, THREE HUNDRED ELEVEN, AND  THREE  HUNDRED  TWELVE  OF
THIS  CHAPTER, AND PURSUANT TO THE FINANCIAL SERVICES LAW, MAKE AN EXAM-
INATION INTO THE AFFAIRS OF ANY FREELANCERS ASSOCIATION WITH REGARD TO A
FREELANCERS HEALTH PLAN ISSUED BY THE FREELANCERS ASSOCIATION, AS  OFTEN
AS  THE  SUPERINTENDENT  DEEMS  IT  EXPEDIENT  FOR THE PROTECTION OF THE
INTERESTS OF THE PEOPLE OF THIS STATE.  THE EXPENSES OF  EVERY  EXAMINA-
TION  OF  THE  AFFAIRS  OF THE FREELANCERS ASSOCIATION, WITH REGARD TO A
FREELANCERS HEALTH PLAN ESTABLISHED OR  MAINTAINED  BY  THE  FREELANCERS
ASSOCIATION,  SHALL BE BORNE AND PAID FOR BY THE FREELANCERS ASSOCIATION
SO EXAMINED. THE EXPENSES OF EXAMINATION SHALL INCLUDE REIMBURSEMENT FOR
THE COMPENSATION PAID FOR SERVICES OF PERSONS  EMPLOYED  BY  THE  SUPER-
INTENDENT OR BY THE SUPERINTENDENT'S AUTHORITY TO MAKE SUCH EXAMINATION,
AND  FOR  THE  NECESSARY  TRAVELING AND LIVING EXPENSES OF THE PERSON OR
PERSONS MAKING THE EXAMINATION.
  (K)(1) THE  SUPERINTENDENT  MAY  SUSPEND  OR  REVOKE  A  DEMONSTRATION
PROGRAM WAIVER ISSUED TO A FREELANCERS ASSOCIATION IF THE SUPERINTENDENT
FINDS,  AFTER  NOTICE  AND HEARING, THAT THE FREELANCERS ASSOCIATION HAS
FAILED TO COMPLY WITH ANY REQUIREMENT IMPOSED ON IT BY THE PROVISIONS OF
THIS CHAPTER AND IF IN THE SUPERINTENDENT'S JUDGMENT SUCH SUSPENSION  OR
REVOCATION  IS  REASONABLY  NECESSARY  TO  PROTECT  THE INTERESTS OF THE
PEOPLE OF THIS STATE, INCLUDING:
  (A) FOR ANY CAUSE THAT WOULD BE A  BASIS  FOR  DENIAL  OF  AN  INITIAL
APPLICATION FOR A DEMONSTRATION PROGRAM WAIVER;
  (B)  FAILURE  TO  MAINTAIN  THE RESERVES REQUIRED BY SUBSECTION (H) OF
THIS SECTION; OR
  (C) A DETERMINATION BY THE SUPERINTENDENT THAT THE FREELANCERS ASSOCI-
ATION HAS REFUSED TO PRODUCE ITS ACCOUNTS, RECORDS, AND FILES FOR  EXAM-
INATION  OR HAS REFUSED TO COOPERATE OR GIVE INFORMATION WITH RESPECT TO
THE AFFAIRS OF THE FREELANCERS HEALTH PLAN OR TO PERFORM ANY OTHER LEGAL
OBLIGATION RELATING TO SUCH AN EXAMINATION WHEN REQUIRED BY  THE  SUPER-
INTENDENT.
  (2)  ANY  DEMONSTRATION PROGRAM WAIVER SUSPENDED OR REVOKED UNDER THIS
SUBSECTION SHALL BE SURRENDERED TO THE SUPERINTENDENT, AND THE FREELANC-
ERS ASSOCIATION SHALL NOTIFY ALL MEMBERS OF THAT DECISION IN  SUCH  FORM
AND  MANNER  AS THE SUPERINTENDENT MAY PRESCRIBE, BUT NOT LATER THAN TEN
DAYS AFTER RECEIPT OF NOTICE OF THE SUPERINTENDENT'S DECISION  REQUIRING
SUSPENSION OR REVOCATION. IN ADDITION, THE FREELANCERS ASSOCIATION SHALL

A. 6519--B                          7

SUBMIT  A  PLAN  FOR  THE  SUPERINTENDENT'S  APPROVAL FOR WINDING UP THE
PLAN'S AFFAIRS IN AN ORDERLY MANNER DESIGNED TO RESULT IN TIMELY PAYMENT
OF ALL BENEFITS, IN SUCH FORM  AND  MANNER  AS  THE  SUPERINTENDENT  MAY
PRESCRIBE.
  (3)  NOTWITHSTANDING  SUBDIVISION  TWO  OF SECTION EIGHTY-SEVEN OF THE
PUBLIC OFFICERS LAW, ALL FINAL DECISIONS TO SUSPEND OR REVOKE THE DEMON-
STRATION PROGRAM WAIVER WITH REGARD TO A FREELANCERS HEALTH  PLAN  SHALL
BE PUBLIC.
  (L)  IN  ANY  CASE  IN WHICH A FREELANCERS ASSOCIATION DETERMINES THAT
THERE IS A REASON TO BELIEVE  THAT  THE  FREELANCERS  HEALTH  PLAN  WILL
TERMINATE,  THE  FREELANCERS ASSOCIATION SHALL SO INFORM THE SUPERINTEN-
DENT AT LEAST SIXTY DAYS PRIOR THERETO, AND SHALL FILE A SWORN STATEMENT
WITH THE SUPERINTENDENT CONCERNING ALL CURRENT  AND  FUTURE  LIABILITIES
UNDER  ITS DISCONTINUED PLAN. THE FREELANCERS ASSOCIATION SHALL SUBMIT A
PLAN FOR THE SUPERINTENDENT'S APPROVAL FOR WINDING UP THE PLAN'S AFFAIRS
IN AN ORDERLY MANNER DESIGNED TO RESULT IN TIMELY PAYMENT OF  ALL  BENE-
FITS, IN SUCH FORM AND MANNER AS THE SUPERINTENDENT MAY PRESCRIBE.
  (M)  NO  PART  OF  ANY  FUNDS  OF THE FREELANCERS ASSOCIATION, AS THEY
PERTAIN TO THE FREELANCERS HEALTH PLAN, SHALL BE SUBJECT TO  THE  CLAIMS
OF GENERAL CREDITORS OF THE FREELANCERS ASSOCIATION UNTIL ALL PLAN BENE-
FITS  AND  OTHER  PLAN OBLIGATIONS HAVE BEEN SATISFIED. UNTIL SUCH TIME,
THE FREELANCERS ASSOCIATION SHALL CONTINUE  TO  MAINTAIN  AND  FUND  THE
RESERVE  FUNDS  REQUIRED  TO BE ESTABLISHED UNDER SUBSECTION (H) OF THIS
SECTION. IF AT ANY TIME THE SUPERINTENDENT  DETERMINES  THAT  ADDITIONAL
FUNDS  SHALL  BE  DEPOSITED  IN  THE RESERVE FUNDS, THEN THE FREELANCERS
ASSOCIATION SHALL MAKE THE DEPOSIT WITHIN THIRTY DAYS OF THE SUPERINTEN-
DENT'S DETERMINATION.
  (N) A FREELANCERS ASSOCIATION THAT RECEIVES  A  DEMONSTRATION  PROGRAM
WAIVER  UNDER  THIS  SECTION SHALL SUBMIT PERIODIC REPORTS TO THE SUPER-
INTENDENT SUFFICIENT TO ENABLE THE SUPERINTENDENT TO EVALUATE THE EFFEC-
TIVENESS OF THE DEMONSTRATION PROGRAM.   SUCH REPORTS  SHALL  INCLUDE  A
COMPARISON  OF  THE COST OF BENEFITS OBTAINED UNDER THE PROGRAM TO OTHER
AVAILABLE INSURANCE OPTIONS AND ANY OTHER INFORMATION  REQUIRED  BY  THE
SUPERINTENDENT.
  (O)  A  FREELANCERS  ASSOCIATION SHALL NOT ISSUE A STOP-LOSS INSURANCE
POLICY.
  (P) A FREELANCERS HEALTH PLAN SHALL PROVIDE BENEFITS ONLY TO INDEPEND-
ENT WORKERS WHO ARE MEMBERS OF THE  FREELANCERS  ASSOCIATION  SPONSORING
THE  PLAN  AND  SUCH  MEMBERS'  SPOUSES,  CHILDREN AND ALL OTHER PERSONS
CHIEFLY  DEPENDENT  UPON  THE  MEMBERS  FOR  SUPPORT  AND   MAINTENANCE;
PROVIDED,  HOWEVER,  A FREELANCERS HEALTH PLAN SHALL NOT ESTABLISH RULES
OF ELIGIBILITY, INCLUDING CONTINUED ELIGIBILITY, OF  ANY  INDIVIDUAL  OR
DEPENDENT OF THE INDIVIDUAL BASED ON ANY OF THE FOLLOWING FACTORS:
  (1) HEALTH STATUS;
  (2) MEDICAL CONDITION;
  (3) CLAIMS EXPERIENCE;
  (4) RECEIPT OF HEALTH CARE;
  (5) MEDICAL HISTORY;
  (6) GENETIC INFORMATION;
  (7) EVIDENCE OF INSURABILITY, INCLUDING CONDITIONS ARISING OUT OF ACTS
OF DOMESTIC VIOLENCE; OR
  (8) DISABILITY.
  (Q)  THE  SUPERINTENDENT MAY PROMULGATE SUCH REGULATIONS AS THE SUPER-
INTENDENT DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS  SECTION
AND  TO  ENSURE THAT THE PLANS ESTABLISHED UNDER THIS SECTION ARE IN THE
BEST INTERESTS  OF  MEMBERS  OF  THE  FREELANCERS  ASSOCIATION  AND  THE

A. 6519--B                          8

MEMBER'S  SPOUSE,  CHILDREN AND OTHER PERSONS CHIEFLY DEPENDENT UPON THE
MEMBERS FOR SUPPORT AND MAINTENANCE.
  (R)  EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS SECTION, ANY FREELANCERS
ASSOCIATION THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO THE PENALTIES
SET FORTH IN SECTION ONE HUNDRED NINE OF THIS CHAPTER.
  (S) NOTWITHSTANDING ANYTHING TO THE  CONTRARY  IN  THIS  SECTION,  ANY
ACTIVITIES  THAT MAY OR MUST BE CARRIED OUT BY A FREELANCERS ASSOCIATION
UNDER THIS SECTION MAY BE CARRIED OUT ON BEHALF OF THE FREELANCERS ASSO-
CIATION BY ANOTHER ENTITY WHOLLY OWNED OR CONTROLLED BY THE  FREELANCERS
ASSOCIATION,  PROVIDED  THAT ANY ACTIVITIES CARRIED OUT ON BEHALF OF THE
FREELANCERS ASSOCIATION BY ANOTHER ENTITY WHOLLY OWNED OR CONTROLLED  BY
THE  FREELANCERS  ASSOCIATION SHALL BE SUBJECT TO ALL PROVISIONS OF THIS
SECTION.
  S 2. Subsections (b) and (c) of section 4237-a of the  insurance  law,
as  amended  by  chapter 246 of the laws of 2012, are amended to read as
follows:
  (b) "Stop-loss insurance" means an insurance policy whereby the insur-
er agrees to pay claims or indemnify an  employer  for  losses  incurred
under  a  self-insured employee benefit plan or a student health plan as
authorized by section one thousand one hundred twenty-four of this chap-
ter, OR THE FREELANCERS HEALTH PLAN DEMONSTRATION PROGRAM AS  AUTHORIZED
BY  SECTION  ONE  THOUSAND  ONE  HUNDRED TWENTY-FIVE OF THIS CHAPTER, in
excess of specified loss limits for individual  claims  and/or  for  all
claims combined, or any similar arrangement.
  (c)  A  stop-loss  insurance policy delivered, issued for delivery, or
entered into in this state shall clearly describe:
  (1) the entire money or other consideration for the policy;
  (2) the time at which the insurance takes effect and terminates;
  (3) the specified per-claim, per-employee or, in the case of a student
health plan under section one thousand one hundred twenty-four  of  this
chapter,  per  student,  OR  IN  THE CASE OF THE FREELANCERS HEALTH PLAN
DEMONSTRATION PROGRAM UNDER SECTION ONE THOUSAND ONE HUNDRED TWENTY-FIVE
OF THIS CHAPTER, PER MEMBER, or aggregate amount of claims  above  which
payment or reimbursement is to be made by the insurer; and
  (4)  the  payments  to be made by the insurer once the specified stop-
loss thresholds have been exceeded.
  S 3. Subsection (k) of section 1108 of the insurance law, as added  by
chapter  246 of the laws of 2012, is relettered subsection (l) and a new
subsection (m) is added to read as follows:
  (M) A FREELANCERS ASSOCIATION, AS DEFINED IN SECTION ONE THOUSAND  ONE
HUNDRED TWENTY-FIVE OF THIS ARTICLE, THAT OBTAINS AND MAINTAINS A DEMON-
STRATION  PROGRAM  WAIVER  FROM THE SUPERINTENDENT AND COMPLIES WITH THE
REQUIREMENTS OF SECTION ONE THOUSAND ONE  HUNDRED  TWENTY-FIVE  OF  THIS
ARTICLE, TO THE EXTENT THEREIN STATED.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2014.

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