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Senate Bill S8358A

Signed By Governor

2009-2010 Legislative Session

Relates to the definition of an independent worker for purposes of the health insurance demonstration program for independent workers

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Archive: Last Bill Status Via A11555 - Signed by Governor

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Bill Amendments

2009-S8358 - Details

See Assembly Version of this Bill:
A11555
Law Section:
Insurance Law
Laws Affected:
Amd §1123, rpld §2, Chap of 2010 (as proposed in S.7772 and A.11131)

2009-S8358 - Summary

Enacts a chapter amendment relating to the definition of an independent worker for purposes of the health insurance demonstration program for independent workers.

2009-S8358 - Sponsor Memo

2009-S8358 - Bill Text download pdf 

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

                                  8358

                            I N  S E N A T E

                              June 25, 2010
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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;  and to repeal section 2 of a chapter of the laws of 2010 amend-
  ing the insurance law relating to the  definition  of  an  independent
  worker  and  requirements  for  an  eligible insurer's application, as
  proposed in legislative bills numbers  S.7772  and  A.11131,  relating
  thereto

  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 and
requirements for an  eligible  insurer's  application,  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] SUBPARAGRAPH (D), (F) or (G) of this paragraph.
  S 2. Section 2 of a chapter of the laws of 2010 amending the insurance
law relating to the definition of an independent worker and requirements
for  an eligible insurer's application, as proposed in legislative bills
numbers S.7772 and A.11131, is REPEALED.
  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 and requirements for
an eligible insurer's application,  as  proposed  in  legislative  bills
numbers S.7772 and A.11131, takes effect.

2009-S8358A (ACTIVE) - Details

See Assembly Version of this Bill:
A11555
Law Section:
Insurance Law
Laws Affected:
Amd §1123, rpld §2, Chap of 2010 (as proposed in S.7772 and A.11131)

2009-S8358A (ACTIVE) - Summary

Enacts a chapter amendment relating to the definition of an independent worker for purposes of the health insurance demonstration program for independent workers.

2009-S8358A (ACTIVE) - Sponsor Memo

2009-S8358A (ACTIVE) - Bill Text download pdf 

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

                                 8358--A

                            I N  S E N A T E

                              June 25, 2010
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

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