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Assembly Bill A9675B

Signed By Governor

2011-2012 Legislative Session

Relates to a health insurance demonstration program for early retirees

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Archive: Last Bill Status Via S6740 - Signed by Governor

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Bill Amendments

2011-A9675 - Details

See Senate Version of this Bill:
S6740
Law Section:
Insurance Law
Laws Affected:
Add §1123-a, Ins L

2011-A9675 - Summary

Relates to a health insurance demonstration program for early retirees.

2011-A9675 - Bill Text download pdf 

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

                                  9675

                          I N  A S S E M B L Y

                             March 23, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, in relation  to  a  health  insurance
  demonstration program for early retirees; 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 1123-a
to read as follows:
  S 1123-A.  HEALTH INSURANCE DEMONSTRATION PROGRAM FOR  FORMER  EMPLOY-
EES.    (A) PURPOSE OF THE DEMONSTRATION PROGRAM. THE LEGISLATURE RECOG-
NIZES THAT FORMER EMPLOYEES WHO HAVE RELIED ON EMPLOYER-SPONSORED HEALTH
INSURANCE COVERAGE, AND IN SOME CASES, THE PROMISE OF  CONTINUED  HEALTH
INSURANCE, HAVE BEEN ADVERSELY AFFECTED BY THE ECONOMY AND THE INABILITY
OF  THEIR  FORMER  EMPLOYERS  TO  CONTINUE  TO PROVIDE HEALTH INSURANCE.
THESE INDIVIDUALS OFTEN FIND THEMSELVES WITHOUT ACCESS TO OTHER  EMPLOY-
ER-SPONSORED  COVERAGE  AND  ARE  TOO YOUNG TO ENROLL  IN MEDICARE.  THE
DIRECT PAY MARKET IS NOT ALWAYS A VIABLE OPTION  FOR  THESE  INDIVIDUALS
BECAUSE OF COST. THE DEMONSTRATION PROGRAM AUTHORIZED BY THIS SECTION IS
INTENDED  TO  PROVIDE  A MECHANISM TO ALLOW THESE INDIVIDUALS TO PARTIC-
IPATE IN THEIR OWN GROUP  HEALTH  INSURANCE  PROGRAMS  THAT  MEET  THEIR
SPECIAL NEEDS, WHILE ENSURING COMPLIANCE WITH THIS CHAPTER AND ANY REGU-
LATIONS  PROMULGATED  THEREUNDER, INCLUDING BENEFIT MANDATES. THE DEMON-
STRATION PROGRAM WILL ENABLE THE LEGISLATURE AND THE  SUPERINTENDENT  TO
ASSESS  WHETHER TO PERMIT AN ASSOCIATION OF FORMER EMPLOYEES TO CONTINUE
TO HAVE HEALTH INSURANCE COVERAGE  UNDER  SIMILAR  TERMS  AS  THEY  HAVE
ENJOYED  WHILE EMPLOYED UNTIL THEY ARE ELIGIBLE FOR COVERAGE UNDER TITLE
XVIII OF THE SOCIAL SECURITY ACT (MEDICARE) OR  UNTIL  OTHER  COMPARABLE
GROUP HEALTH INSURANCE COVERAGE BECOMES AVAILABLE.
  (B) DEFINITIONS. IN THIS SECTION:
  (1)  "ELIGIBLE  ASSOCIATION"  MEANS AN ENTITY THAT: (A) IS EXEMPT FROM
FEDERAL TAXATION UNDER SECTION  501(C)(3)  OR  (C)(4)  OF  THE  INTERNAL
REVENUE CODE; (B) WAS INCORPORATED ON OR BEFORE JANUARY FIRST, TWO THOU-
SAND  TEN; (C) MEETS THE CRITERIA SET FORTH IN SUBPARAGRAPH (K) OF PARA-

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

2011-A9675A - Details

See Senate Version of this Bill:
S6740
Law Section:
Insurance Law
Laws Affected:
Add §1123-a, Ins L

2011-A9675A - Summary

Relates to a health insurance demonstration program for early retirees.

2011-A9675A - Bill Text download pdf 

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

                                 9675--A
                                                        Cal. No. 496

                          I N  A S S E M B L Y

                             March 23, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Insurance -- advanced to a third reading, amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the insurance law, in relation to a health insurance
  demonstration program for early retirees; 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 1123-a
to read as follows:
  S  1123-A.   HEALTH INSURANCE DEMONSTRATION PROGRAM FOR FORMER EMPLOY-
EES.  (A) PURPOSE OF THE DEMONSTRATION PROGRAM. THE  LEGISLATURE  RECOG-
NIZES THAT FORMER EMPLOYEES WHO HAVE RELIED ON EMPLOYER-SPONSORED HEALTH
INSURANCE  COVERAGE,  AND IN SOME CASES, THE PROMISE OF CONTINUED HEALTH
INSURANCE, HAVE BEEN ADVERSELY AFFECTED BY THE ECONOMY AND THE INABILITY
OF THEIR FORMER EMPLOYERS  TO  CONTINUE  TO  PROVIDE  HEALTH  INSURANCE.
THESE  INDIVIDUALS OFTEN FIND THEMSELVES WITHOUT ACCESS TO OTHER EMPLOY-
ER-SPONSORED COVERAGE AND ARE TOO YOUNG TO ENROLL   IN  MEDICARE.    THE
DIRECT  PAY  MARKET  IS NOT ALWAYS A VIABLE OPTION FOR THESE INDIVIDUALS
BECAUSE OF COST. THE DEMONSTRATION PROGRAM AUTHORIZED BY THIS SECTION IS
INTENDED TO PROVIDE A MECHANISM TO ALLOW THESE  INDIVIDUALS  TO  PARTIC-
IPATE  IN  THEIR  OWN  GROUP  HEALTH  INSURANCE PROGRAMS THAT MEET THEIR
SPECIAL NEEDS, WHILE ENSURING COMPLIANCE WITH THIS CHAPTER AND ANY REGU-
LATIONS PROMULGATED THEREUNDER, INCLUDING BENEFIT MANDATES.  THE  DEMON-
STRATION  PROGRAM  WILL ENABLE THE LEGISLATURE AND THE SUPERINTENDENT TO
ASSESS WHETHER TO PERMIT AN ASSOCIATION OF FORMER EMPLOYEES TO  CONTINUE
TO  HAVE  HEALTH  INSURANCE  COVERAGE  UNDER  SIMILAR TERMS AS THEY HAVE
ENJOYED WHILE EMPLOYED UNTIL THEY ARE ELIGIBLE FOR COVERAGE UNDER  TITLE
XVIII  OF  THE  SOCIAL SECURITY ACT (MEDICARE) OR UNTIL OTHER COMPARABLE
GROUP HEALTH INSURANCE COVERAGE BECOMES AVAILABLE.
  (B) DEFINITIONS. IN THIS SECTION:
  (1) "ELIGIBLE ASSOCIATION" MEANS AN ENTITY THAT: (A)  IS  EXEMPT  FROM
FEDERAL  TAXATION  UNDER  SECTION  501(C)(3)  OR  (C)(4) OF THE INTERNAL
REVENUE CODE; (B) WAS INCORPORATED ON OR BEFORE JANUARY FIRST, TWO THOU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2011-A9675B (ACTIVE) - Details

See Senate Version of this Bill:
S6740
Law Section:
Insurance Law
Laws Affected:
Add §1123-a, Ins L

2011-A9675B (ACTIVE) - Summary

Relates to a health insurance demonstration program for early retirees.

2011-A9675B (ACTIVE) - Bill Text download pdf 

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

                                 9675--B
                                                        Cal. No. 496

                          I N  A S S E M B L Y

                             March 23, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Insurance -- advanced to a third reading, amended  and  ordered
  reprinted,  retaining its place on the order of third reading -- again
  amended on third reading, ordered reprinted, retaining  its  place  on
  the order of third reading

AN  ACT  to  amend  the insurance law, in relation to a health insurance
  demonstration program for early retirees; 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 1123-a
to read as follows:
  S  1123-A.   HEALTH INSURANCE DEMONSTRATION PROGRAM FOR FORMER EMPLOY-
EES.  (A) DEFINITIONS. IN THIS SECTION:
  (1) "ELIGIBLE ASSOCIATION" MEANS AN ENTITY THAT: (A)  IS  EXEMPT  FROM
FEDERAL  TAXATION  UNDER  SECTION  501(C)(3)  OR  (C)(4) OF THE INTERNAL
REVENUE CODE; (B) WAS INCORPORATED ON OR BEFORE JANUARY FIRST, TWO THOU-
SAND TEN; (C) MEETS THE CRITERIA SET FORTH IN SUBPARAGRAPH (K) OF  PARA-
GRAPH  ONE  OF SUBSECTION (C) OF SECTION FOUR THOUSAND TWO HUNDRED THIR-
TY-FIVE OF THIS CHAPTER; AND (D) HAS BEEN ESTABLISHED FOR THE BENEFIT OF
FORMER EMPLOYEES OF A COMPANY IN THIS STATE.
  (2) "ELIGIBLE INSURER"  MEANS  ANY  HEALTH  MAINTENANCE  ORGANIZATION,
CERTIFIED  PURSUANT  TO  ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, AN
INSURER LICENSED TO WRITE ACCIDENT AND HEALTH  INSURANCE,  OR  A  CORPO-
RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER.
  (3)  "FORMER  EMPLOYEE"  MEANS  AN  INDIVIDUAL:  (A)  WHO WAS FORMERLY
EMPLOYED BY A COMPANY HEADQUARTERED IN THIS STATE AND WHICH HAS BEEN  IN
OPERATION  FOR  OVER  ONE HUNDRED YEARS; (B) WHO HAS HERETOFORE RECEIVED
HEALTH INSURANCE COVERAGE THROUGH THE FORMER EMPLOYER, (C) WHOSE  FORMER
EMPLOYER  FILED  FOR  CHAPTER  ELEVEN BANKRUPTCY IN JANUARY TWO THOUSAND
TWELVE, AND (D) WHO IS NOT ELIGIBLE FOR MEDICARE  OR  FOR  GROUP  HEALTH
INSURANCE COVERAGE THROUGH ANOTHER EMPLOYER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15057-06-2

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