senate Bill S1152

Exempts private air ambulance services from insurance licensing and other requirements

download pdf

Sponsor

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE

Summary

Exempts private air ambulance services from insurance licensing and other requirements if the private ambulance service meets certain enumerated qualifications.

do you support this bill?

Bill Details

Versions:
S1152
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง1108, Ins L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3518
2009-2010: S8076

Sponsor Memo

BILL NUMBER:S1152

TITLE OF BILL:
An act
to amend the
insurance law, in relation to private air ambulance service

PURPOSE OR GENERAL IDEA OF BILL:
To clarify that a subscription plan offered by a non-profit air
ambulance service is exempt from insurance licensing and other
requirements.

SUMMARY OF PROVISIONS:
Section 1108 of the insurance law is amended by adding a new
subsection (m) stating that a private air ambulance services that
solicits membership subscriptions does not fall under the purview of
insurance provided it meets certain criteria.

JUSTIFICATION:
Subscription plans have a long history of serving as a means for
charitable donations to emergency medical transporters. Many
volunteer ambulance companies and air medical transports have used
subscription plans as a way to encourage their communities'
participation and to supplement their financial needs" In recent
years, there were some concerns that these subscription plans may
have fallen within the definition of insurance and therefore needed
to be licensed by the New York State Insurance Department. This bill
will clarify that a subscription plan offered by a non-profit air
ambulance service is not insurance and therefore allowable.

Air medical services generally handle on-scene emergency calls which
include car accidents, skiing injuries, and industrial accidents.
The rapid transport and quality of care received in the air has saved
thousands of lives and improved recovery outcomes for thousands more.
Emergency and inter-facility air transportation is expensive and the
cost is not wholly covered by insurance. Non-profit providers
struggle to keep their organizations viable and staffed with high
quality and well trained individuals yet their services are
essential, particularly in rural parts of New York. Rather than face
losing these vital non-profits, this legislation would allow these
organizations to use a subscription plan as one of their many
fundraising tools.

PRIOR LEGISLATIVE HISTORY:
2011/2012 - S.3518 Referred to Senate Committee on Insurance
2009/2010 - S.8076

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

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

                                  1152

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 private air  ambulance
  service

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

  Section 1. 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  PRIVATE  AIR  AMBULANCE  SERVICE  THAT   SOLICITS   MEMBERSHIP
SUBSCRIPTIONS, ACCEPTS MEMBERSHIP APPLICATIONS, CHARGES MEMBERSHIP FEES,
AND  PROVIDES  AIR AMBULANCE SERVICES TO SUBSCRIPTION MEMBERS AND DESIG-
NATED MEMBERS OF THEIR HOUSEHOLD IS NOT AN INSURER IF  THE  PRIVATE  AIR
AMBULANCE SERVICE:
  (1)  HAS  A  VALID  OPERATING  CERTIFICATE ISSUED BY THE DEPARTMENT OF
HEALTH;
  (2) HAS NON-PROFIT STATUS;
  (3) HAS BEEN IN OPERATION IN NEW YORK FOR AT LEAST TWO YEARS;
  (4) PROVIDES IN THE MEMBERSHIP MATERIALS A STATEMENT  PROVIDING  CLEAR
DISCLOSURE  TO  APPLICANTS  AND  MEMBERS  THAT THIS IS NOT INSURANCE AND
MEMBERSHIP CANNOT  BE  CONSIDERED  SECONDARY  INSURANCE  COVERAGE  OR  A
SUPPLEMENT TO ANY INSURANCE COVERAGE;
  (5) PRODUCT IS ONLY OFFERED BY PROVIDERS OF THE SERVICE; AND
  (6)  HAS SUBMITTED EVIDENCE OF ITS COMPLIANCE WITH THIS SECTION TO THE
SUPERINTENDENT PURSUANT TO RULES  AND  REGULATIONS  PROMULGATED  BY  THE
DEPARTMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01874-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.