S T A T E   O F   N E W   Y O R K
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                                  11555

                          I N  A S S E M B L Y

                              June 24, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Silver) --
  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

  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 amended by a chapter of the  laws  of  2010,  amending  the
insurance  law  relating  to the definition of an independent worker, as
proposed in legislative bills numbers S.7772 and A.11131, 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; (E) performs temporary work
for  two  or more employers simultaneously; (F) is a domestic child care
worker; or (G) [works] IS HIRED TO WORK 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  employ-
ees  employed  on  such a temporary basis. An individual is not an inde-
pendent worker if he or she is employed full-time by a single  employer,
with the exception of an individual who meets the requirements of clause
(D), (F) or (G) of this paragraph.
  S  2.  Paragraph  3 of subsection (c) of section 1123 of the insurance
law, as amended by a chapter of the laws of 2010, amending the insurance
law relating to the definition of an independent worker, as proposed  in
legislative  bills  numbers  S.7772  and  A.11131, 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  asso-
ciation],  and  the terms under which the eligible insurer shall provide

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

                                                           LBD17880-01-0

A. 11555                            2

group health insurance to the eligible association; demonstrate that the
eligible insurer and the eligible association meet the requirements  set
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 on the  same  date  and  in  the  same
manner  as  a  chapter  of  the laws of 2010, amending the insurance law
relating to the definition of an  independent  worker,  as  proposed  in
legislative bills numbers S.7772 and A.11131 takes effect.