S T A T E O F N E W Y O R K
________________________________________________________________________
4303
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. CANESTRARI, GOTTFRIED, GREENE, REILLY, CUSICK,
HIKIND -- Multi-Sponsored by -- M. of A. BENEDETTO, COLTON, DelMONTE,
FARRELL, JAFFEE, JOHN, KOON, LANCMAN, MAISEL, MARKEY, McENENY, MILL-
MAN, SWEENEY, WEINSTEIN -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law and the insurance law, in relation to
requiring that full-time students enrolled in institutions of higher
education maintain health insurance coverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 239-a
to read as follows:
S 239-A. MAINTENANCE OF HEALTH INSURANCE. 1. EVERY FULL-TIME STUDENT
AT A PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION IN THIS STATE
MUST PROVIDE EVIDENCE OF HEALTH INSURANCE IN ORDER TO ENROLL AND BEGIN
CLASSES. FOR THE PURPOSES OF THIS SECTION, "FULL-TIME" SHALL MEAN
STUDENTS ENROLLED FOR TWELVE OR MORE CREDIT HOURS PER SEMESTER, OR THE
PROPORTIONAL EQUIVALENT FOR TRIMESTERS, SUMMER SESSIONS OR OTHER
NON-SEMESTER SCHEDULES.
2. EACH PUBLIC AND PRIVATE INSTITUTION OF HIGHER EDUCATION IN THIS
STATE SHALL MAKE ARRANGEMENTS WITH ONE OR MORE INSURERS OR HEALTH MAIN-
TENANCE ORGANIZATIONS TO MAKE AVAILABLE HEALTH INSURANCE COVERAGE TO
THEIR FULL-TIME STUDENTS, INCLUDING BUT NOT LIMITED TO GROUP POLICIES, A
STUDENT POLICY ISSUED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE
LAW, OR A BLANKET STUDENT ACCIDENT, BLANKET STUDENT HEALTH, OR BLANKET
STUDENT ACCIDENT AND HEALTH INSURANCE POLICY. THE INSURANCE COVERAGE
SHALL BEGIN ON A DATE IN AUGUST OF EACH YEAR AS SELECTED BY THE INSTITU-
TION AND SHALL BE EFFECTIVE FOR A CONTINUOUS TWELVE MONTH PERIOD INCLUD-
ING WHEN CLASSES ARE NOT IN SESSION, EXCEPT THAT STUDENTS ENROLLING FOR
A SEMESTER WHICH BEGINS IN JANUARY OR ANOTHER MID-YEAR DATE MAY HAVE
COVERAGE BEGIN WHEN THAT SEMESTER BEGINS AND SUCH COVERAGE SHALL BE FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02668-01-9
A. 4303 2
THE PERIOD REMAINING BEFORE THE AUGUST POLICY RENEWAL DATE. NO INSTITU-
TION OF HIGHER EDUCATION SHALL BE LIABLE OR OTHERWISE RESPONSIBLE IN THE
EVENT THE COVERAGE IS NOT IN EFFECT, AND THE INSTITUTION SHALL HAVE NO
RESPONSIBILITY FOR ASSURING COMPLIANCE, COVERAGE OR PAYMENTS FOR MEDICAL
CARE, OTHER THAN TO COLLECT AND MAINTAIN THE DOCUMENTATION OF COVERAGE
REQUIRED BY THIS SUBDIVISION IN ORDER TO ENROLL AND BEGIN CLASSES.
3. THE COVERED BENEFITS NECESSARY TO SATISFY THE REQUIREMENTS OF THIS
SECTION SHALL BE ANY POLICY ISSUED BY A HEALTH MAINTENANCE ORGANIZATION
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR ANY
POLICY PROVIDING AT LEAST BASIC HOSPITAL, BASIC MEDICAL, AND MAJOR
MEDICAL INSURANCE AS ISSUED BY AN INSURER PURSUANT TO ARTICLE FORTY-TWO
OR FORTY-THREE OF THE INSURANCE LAW, WHICH SHALL INCLUDE THE MENTAL
HEALTH BENEFITS REQUIRED BY CHAPTER SEVEN HUNDRED FORTY-EIGHT OF THE
LAWS OF TWO THOUSAND SIX. THE COVERED BENEFITS MUST INCLUDE PRESCRIPTION
DRUGS.
4. ANY PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION IN THE STATE
SHALL ALLOW STUDENTS TO SATISFY THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION BY DOCUMENTING THAT THEY ARE COVERED UNDER ANOTHER COMPARA-
BLE HEALTH INSURANCE POLICY, SUCH AS WHEN THEY ARE A COVERED DEPENDENT
ON A PARENT'S OR SPOUSE'S COVERAGE. DOCUMENTATION SHALL BE SUFFICIENT IF
THE SUBSCRIBER OR PERSON TO WHOM THE CONTRACT OR CERTIFICATE OF COVERAGE
IS ISSUED SIGNS A CERTIFICATION FORM PROVIDED BY THE PUBLIC OR PRIVATE
INSTITUTION OF HIGHER EDUCATION WHICH STATES THAT THE ALTERNATIVE COVER-
AGE IS IN EFFECT, IS COMPARABLE, AND PROVIDES THE INSTITUTION OF HIGHER
EDUCATION WITH A COPY OF THE IDENTIFICATION CARD OR SIMILAR DOCUMENTA-
TION THAT THE STUDENT IS COVERED UNDER THAT POLICY OR BENEFIT PLAN.
NOTWITHSTANDING ANY PROVISION IN SUBDIVISION TWO OF THIS SECTION, COVER-
AGE AS A DEPENDENT MAY TERMINATE FOLLOWING GRADUATION, PURSUANT TO THE
TERMS OF THE POLICY FORM OR CERTIFICATE ISSUED TO THE PARENT OR SPOUSE.
A HEALTH SAVINGS ACCOUNT, A SELF-INSURED ARRANGEMENT PROVIDING BENEFITS
SIMILAR TO THE INSURANCE BENEFITS DESCRIBED IN THIS SUBDIVISION, OR
COVERAGE PURSUANT TO MEDICARE, MEDICAID, FAMILY HEALTH PLUS OR ANY OTHER
SIMILAR GOVERNMENT PROGRAM, SHALL BE DEEMED SATISFACTORY.
5. THE SUPERINTENDENT OF INSURANCE SHALL PROVIDE THE COMMISSIONER WITH
INFORMATION REGARDING THE NAMES AND CONTACT INFORMATION OF INSURERS AND
HEALTH MAINTENANCE ORGANIZATIONS KNOWN TO BE OFFERING SUCH COVERAGE IN
THIS STATE, AND WITH INFORMATION REGARDING TYPES OF COVERAGE WHICH
SATISFY THE REQUIREMENTS OF THIS SECTION. THE SUPERINTENDENT SHALL ALSO
PROVIDE A MODEL SIMPLE WAIVER FORM FOR USE IN DOCUMENTING COMPARABLE
COVERAGE FROM ANOTHER SOURCE. THE COMMISSIONER, AFTER CONSULTATION WITH
THE SUPERINTENDENT, IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT
THIS SECTION IF THE COMMISSIONER DETERMINES THAT REGULATIONS ARE NECES-
SARY OR WILL CONVENIENTLY FACILITATE THE IMPLEMENTATION OF THIS SECTION.
S 2. Paragraph 1 of subsection (c) of section 4235 of the insurance
law is amended by adding a new subparagraph (O) to read as follows:
(O) A POLICY ISSUED TO ONE OR MORE COLLEGES OR UNIVERSITIES FOR THE
PURPOSE OF PROVIDING THE COVERAGE REQUIRED BY SECTION TWO HUNDRED THIR-
TY-NINE-A OF THE EDUCATION LAW. PREMIUMS FOR SUCH COLLEGES AND UNIVERSI-
TIES PURSUANT TO THAT POLICY MAY BE DETERMINED COLLECTIVELY BASED ON THE
CLAIMS EXPERIENCE OF ALL SUCH COLLEGES OR UNIVERSITIES.
S 3. This act shall take effect one year after it shall have become a
law and shall apply to semesters, trimesters, summer sessions or other
academic units which begin after such date.