NY State Senate Bill 2011-S4712A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2012	referred to insurance delivered to assembly passed senate
Jun 14, 2012	ordered to third reading cal.1256 committee discharged and committed to rules
Jun 11, 2012	print number 4712e
Jun 11, 2012	amend (t) and recommit to insurance
Apr 19, 2012	print number 4712d
Apr 19, 2012	amend and recommit to insurance
Mar 06, 2012	print number 4712c
Mar 06, 2012	amend (t) and recommit to insurance
Jan 05, 2012	print number 4712b
Jan 05, 2012	amend and recommit to insurance
Jan 04, 2012	referred to insurance returned to senate died in assembly
Jun 20, 2011	referred to insurance delivered to assembly passed senate ordered to third reading cal.1421 committee discharged and committed to rules
Jun 07, 2011	print number 4712a
Jun 07, 2011	amend and recommit to insurance
Apr 15, 2011	referred to insurance

Votes

- Jun 18, 2012 - Floor Vote
  S4712A
  
  Aye
  
  54
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  6
  
  Abstained
  
  0
  - - Floor Vote: Jun 18, 2012
      
      aye (54)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Duane
      
      Hassell-Thompson
      
      excused (6)
      
      Adams
      
      Alesi
      
      Espaillat
      
      Huntley
      
      O'Mara
      
      Perkins
  Jun 20, 2011 - Floor Vote
  S4712A
  
  Aye
  
  60
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 20, 2011
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Duane
      
      Hassell-Thompson
  Jun 14, 2012 - Rules Committee Vote
  S4712A
  
  Aye
  
  23
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 14, 2012
      
      aye (23)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (1)
      
      Seward
      
      excused (1)
      
      Krueger
  Jun 20, 2011 - Rules Committee Vote
  S4712A
  
  Aye
  
  18
  
  Nay
  
  1
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 20, 2011
      
      aye (18)
      
      Alesi
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Seward
      
      Skelos
      
      nay (1)
      
      Duane
      
      aye wr (5)
      
      Breslin
      
      Krueger
      
      Sampson
      
      Smith
      
      Stewart-Cousins

Bill Amendments

Original

E (Active)

2011-S4712 - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712 - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712 - Sponsor Memo

                                BILL NUMBER:S4712

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

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 outlines the legislative intent.

Section 2 amends section 1108 of the Insurance Law to add a new
subsection (k) that includes a private air ambulance service that
solicits membership subscriptions, accepts membership applications,
charges membership fees, and provides air ambulance services in the
list of insurers exempt from licensing and other requirements in
certain instances. Specifies that to be exempt, such services must
have a valid operating certificate from the Department of Health,
post an appropriate surety bond, provide a statement within
membership materials that their service doesn't constitute insurance,
and be the only service to offer the product for sale, and requires
such entity to submit evidence to the Superintendent of the
Department of Insurance showing compliance with the rules and
regulations of the Department.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air ambulance crews are supplied
with equipment and professional training that enable them to provide
medical treatment to a critically injured or ill patient in flight.
With the use of
helicopters, the professional pilots are able to get the medical
personnel to the patient more quickly and transport patients to a
hospital faster, therefore providing consistently superior critical
care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Four years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times and are weather dependent especially in the
winter months. Travel of traditional ambulances can be unpredictable
and inconsistent. Syracuse provides the closest level 1 trauma center


to the region which for some areas in northern New York can be 3
hours by traditional ambulance in good conditions. Like other areas
of the State, the people and visitors of northern New York would
greatly benefit from the presence of a professional air ambulance team.

Low call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mediate the high cost of
doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

This bill amends section 1108 of the Insurance Law which includes a
host of instances when certain parties are exempt from licensing and
other requirements to add one additional exemption. The new
subsection (k) adds any private air ambulance service that solicits
membership subscriptions, accepts membership applications, charges
membership fees, and provides air ambulance services to the list.

This bill also subdivides the new subsection (k) to provide additional
requirements for air ambulance companies to qualify under the
exemption.

Under the new law, air ambulance companies have to have a valid
operating certificate from the Department of Health.

Such services will also have to post a surety bond with one or more
companies, approved by the Department of Health, in the amount of
$5,000 for every 1,000 subscribers. This provision will provide
financial protection for the obligees if the air ambulance company
were to break its contract or discontinue service for some reason.

This bill also specifies that the company provide,a statement within
membership materials that their service doesn't constitute insurance.
While it shouldn't be confusing for consumers, it's important to be
clear that a subscription does not replace medical insurance.

This proposal also disallows any other company from selling
memberships on behalf of the air ambulance company which will assist
with customer relations.

Under this bill, the final subdivision of the new subsection requires
the air ambulance company to submit evidence to the Superintendent of
the Department of Insurance showing compliance with the rules and
regulations of the Department.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities.


LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such
effective date.

2011-S4712 - Bill Text download pdf

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

                                  4712

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- 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. Legislative intent. The legislature hereby finds the insur-
ance law inadequate in its current form as  section  1108  of  such  law
provides  no exemptions for air ambulance companies wishing to subscribe
memberships. Some areas of the state are severely lacking in air  trans-
port  and  rescue services. By creating a new subsection in section 1108
of the insurance law, we create an environment conducive  to  air  ambu-
lance  companies while creating protections for their membership and the
people within their catchment area.
  S 2. Section 1108 of the insurance law is  amended  by  adding  a  new
subsection (k) to read as follows:
  (K)   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)  POSTS  A  SURETY  BOND  WITH  ONE  OR MORE SURETY COMPANIES TO BE
APPROVED BY THE DEPARTMENT OF HEALTH, IN THE  AMOUNT  OF  FIVE  THOUSAND
DOLLARS FOR EVERY ONE THOUSAND SUBSCRIBERS OR PORTION THEREOF;
  (3)  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;
  (4) PRODUCT IS ONLY OFFERED BY PROVIDERS OF THE SERVICE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-03-1

S. 4712                             2

  (5) HAS SUBMITTED EVIDENCE OF ITS COMPLIANCE WITH THIS SECTION TO  THE
SUPERINTENDENT  PURSUANT  TO  RULES  AND  REGULATIONS PROMULGATED BY THE
DEPARTMENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such effective date.

2011-S4712A - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712A - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712A - Sponsor Memo

                                BILL NUMBER:S4712A

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

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 outlines the legislative intent.

Section 2 amends section 1108 of the Insurance Law to add a new
subsection (k) that includes a private air ambulance service that
solicits membership subscriptions, accepts membership applications,
charges membership fees, and provides air ambulance services in the
list of insurers exempt from licensing and other requirements in
certain instances. The new subsection also specifies that to be
exempt, such services must have a valid operating certificate from
the Department of Health, post an appropriate surety bond, provide a
statement within membership materials that their service doesn't
constitute insurance, and be the only service to offer the product
for sale, and requires such entity to submit evidence to the
Superintendent of the Department of Insurance showing compliance with
the rules and regulations of the Department. Definitions for "air

ambulance service" and "subscription service" are given.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air
ambulance crews are supplied with equipment and professional training
that enable them to provide medical treatment to a critically injured
or ill patient in flight. With the use of helicopters, the
professional pilots are able to get the medical personnel to the
patient more quickly and transport patients to a hospital faster,
therefore providing consistently superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Four years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times and are weather dependent especially in the
winter months. Travel of traditional ambulances can be unpredictable
and inconsistent. Syracuse provides the closest level 1 trauma center


to the region which for some areas in northern New York can be 3
hours by traditional ambulance in good conditions. Like other areas
of the State, the people and visitors of northern New York would
greatly benefit from the presence of a professional air ambulance team.

Low call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mediate the high cost of
doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

This bill amends section 1108 of the Insurance Law which includes a
host of instances when certain parties are exempt from licensing and
other requirements to add one additional exemption. The new
subsection (k) adds any private air ambulance service that solicits
membership subscriptions, accepts membership applications, charges
membership fees, and provides air ambulance services to the list.

This bill also subdivides the new subsection (k) to provide additional
requirements for air ambulance companies to qualify under the
exemption.

Under the new law, air ambulance companies have to have a valid
operating certificate from the Department of Health.

Such services will also have to post a surety bond with one or more
companies, approved by the Department of Health, in the amount of
$5,000 for every 1,000 subscribers. This provision will provide
financial protection for the obligees if the air ambulance company
were to break its contract or discontinue service for some reason.

This bill also specifies that the company provide a statement within
membership materials that their service doesn't constitute insurance.
While it shouldn't be confusing for consumers, it's important to be
clear that a subscription does not replace medical insurance.

This proposal also disallows any other company from selling
memberships on behalf of the air ambulance company which will assist
with customer relations.

Under this bill, the final subdivision of the new subsection requires
the air ambulance company to submit evidence to the Superintendent of
the Department of Insurance showing compliance with the rules and
regulations of the Department.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities.


LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such
effective date.

2011-S4712A - Bill Text download pdf

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

                                 4712--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

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

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. Legislative intent. The legislature hereby finds the insur-
ance  law  inadequate  in  its  current form as section 1108 of such law
provides no exemptions for air ambulance companies wishing to  subscribe
memberships.  Some areas of the state are severely lacking in air trans-
port and rescue services. By creating a new subsection in  section  1108
of  the  insurance  law, we create an environment conducive to air ambu-
lance companies while creating protections for their membership and  the
people within their catchment area.
  S  2.  Section  1108  of  the insurance law is amended by adding a new
subsection (k) to read as follows:
  (K) (1) FOR PURPOSES OF THIS SUBSECTION:
  (I) "AIR AMBULANCE SERVICE" SHALL MEAN AN AMBULANCE SERVICE THAT  USES
AIRCRAFT TO TRANSPORT PERSONS IN NEED OF MEDICAL CARE IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW.
  (II)  "SUBSCRIPTION SERVICE" SHALL MEAN ACCEPTING LUMP SUM OR PERIODIC
PAYMENTS IN ADVANCE TO COVER ALL OR SOME PART OF THE COST OF  AIR  AMBU-
LANCE SERVICES PROVIDED TO A MEMBER SUBSCRIBER;
  (2)  A  PRIVATE  AIR  AMBULANCE SERVICE AS DEFINED IN PARAGRAPH ONE OF
THIS SUBSECTION THAT SOLICITS MEMBERSHIP SUBSCRIPTIONS, ACCEPTS  MEMBER-
SHIP  APPLICATIONS,  CHARGES MEMBERSHIP FEES, AND PROVIDES AIR AMBULANCE
SERVICES TO SUBSCRIPTION MEMBERS AND DESIGNATED MEMBERS OF THEIR  HOUSE-
HOLD  IS NOT AN INSURER, IS NOT IN THE BUSINESS OF INSURANCE, AND IS NOT
SELLING INSURANCE, IF THE PRIVATE AIR AMBULANCE SERVICE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-08-1

S. 4712--A                          2

  (I) POSTS A SURETY BOND IN AN AMOUNT  OF  FIVE  THOUSAND  DOLLARS  FOR
EVERY ONE THOUSAND SUBSCRIBERS OR A PORTION THEREOF, EXECUTED BY A SURE-
TY  COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS STATE BY THE DEPART-
MENT, TO ENSURE THAT THE STATE OF NEW YORK SHALL HAVE ADEQUATE FUNDS  TO
COMPENSATE  MEMBERS IN THE INSTANCE THAT THE AIR AMBULANCE SERVICE SHALL
NO LONGER HAVE A VALID OPERATING CERTIFICATE TO PROVIDE SUCH SERVICE;
  (II) PROVIDES IN THE MEMBERSHIP MATERIALS A DESCRIPTION OF  THE  TERMS
UNDER  WHICH  THE  MEMBER  IS  PROVIDED AIR AMBULANCE SERVICE INCLUDING,
LENGTH OF TIME THE MEMBERSHIP COVERS, AIR AMBULANCE SERVICE  COSTS  THAT
ARE  COVERED  BY  MEMBERSHIP FEES, EXCLUSIONS FROM PROVISION OF SERVICE,
DISCOUNT AMOUNTS AND A STATEMENT PROVIDING CLEAR  DISCLOSURE  TO  APPLI-
CANTS  AND  MEMBERS  THAT THIS IS NOT INSURANCE AND MEMBERSHIP CANNOT BE
CONSIDERED SECONDARY INSURANCE COVERAGE OR A SUPPLEMENT TO ANY INSURANCE
COVERAGE;
  (III) OFFERS SUBSCRIPTION MEMBERSHIPS  SOLELY  BY  THE  AIR  AMBULANCE
PROVIDER  HOLDING A VALID OPERATING CERTIFICATE ISSUED BY THE DEPARTMENT
OF HEALTH; AND
  (IV) HAS SUBMITTED EVIDENCE OF ITS COMPLIANCE WITH THIS SECTION TO THE
SUPERINTENDENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such effective date.

2011-S4712B - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712B - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712B - Sponsor Memo

                                BILL NUMBER:S4712B

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

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 outlines the legislative intent.

Section 2 amends section 1101 of the Insurance Law to add a new
subsection (b) to exempt a private air ambulance service that
solicits membership subscriptions, accepts membership applications,
charges membership fees, and provides air ambulance services in the
list of insurers exempt from licensing and other requirements in
certain instances. The new subsection also specifies that to be
exempt, such services must have a valid operating certificate from
the Department of Health, post an appropriate surety bond, provide a
statement within membership materials that their service doesn't
constitute insurance, and be the only service to offer the product
for sale, and requires such entity to submit evidence of compliance
to the Superintendent of the Department of Insurance and to the
Secretary of State. Definitions for "air ambulance service" and

"subscription service" are given.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air ambulance crews are supplied
with equipment and professional training that enable them to
provide medical treatment to a critically injured or ill patient in
flight. With the use of helicopters, the professional pilots are able
to get the medical personnel to the patient more quickly and
transport patients to a hospital faster, therefore providing
consistently superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Four years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times and are weather dependent especially in the
winter months. Travel of traditional ambulances can be unpredictable
and inconsistent. Syracuse provides the closest level 1 trauma center


to the region which for some areas in northern New York can be 3
hours by traditional ambulance in good conditions. Like other areas
of the State, the people and visitors of northern New York would
greatly benefit from the presence of a professional air ambulance team.

Low call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mediate the high cost of
doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

This bill amends section 1101 of the Insurance Law which provides the
definition of insurance.
Section 1108 includes a host of instances when certain parties are
exempt from licensing and other requirements to add one additional
exemption. The new subsection (b) in section 1101 exempts any private
air ambulance service that solicits membership subscriptions, accepts
membership applications, charges membership fees, and provides air
ambulance services to the list.

Under the new law, air ambulance companies have to have a valid
operating certificate from the Department of Health.

Such services will also have to post a surety bond with one or more
companies, approved by the Department of Health, in the amount of
$5,000 for every 1,000 subscribers. This provision will provide
financial protection for the obligees if the air ambulance company
were to break its contract or discontinue service for some reason.

This bill also specifies that the company provide a statement within
membership materials that their service doesn't constitute insurance.
While it shouldn't be confusing for consumers, it's important to be
clear that a subscription does not replace medical insurance.

This proposal also disallows any other company from selling
memberships on behalf of the air ambulance company which will assist
with customer relations.

Under this bill, the final subdivision of the new subsection requires
the air ambulance company to submit evidence to the Superintendent of
the Department of Insurance showing compliance with the rules and
regulations of the Department.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such
effective date.

2011-S4712B - Bill Text download pdf

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

                                 4712--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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. Legislative intent. The legislature hereby finds the insur-
ance law inadequate in its current form as  section  1101  of  such  law
provides  no exemptions for air ambulance companies wishing to subscribe
memberships. Some areas of the state are severely lacking in air  trans-
port  and rescue services. By creating a new paragraph in subsection (b)
of section 1101 of the insurance law, we intend to exclude these  compa-
nies  as  insurance and create an environment conducive to air ambulance
companies while creating protections for their membership and the people
within their catchment area.
  S 2. Subsection (b) of section 1101 of the insurance law is amended by
adding a new paragraph 8 to read as follows:
  (8) (A) FOR PURPOSES OF THIS PARAGRAPH:
  (I) "AIR AMBULANCE SERVICE" SHALL MEAN AN AMBULANCE SERVICE THAT  USES
AIRCRAFT TO TRANSPORT PERSONS IN NEED OF MEDICAL CARE IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW.
  (II)  "SUBSCRIPTION SERVICE" SHALL MEAN ACCEPTING LUMP SUM OR PERIODIC
PAYMENTS IN ADVANCE TO COVER ALL OR SOME PART OF THE COST OF  AIR  AMBU-
LANCE SERVICES PROVIDED TO A MEMBER SUBSCRIBER;
  (B)  A PRIVATE AIR AMBULANCE SERVICE AS DEFINED IN SUBPARAGRAPH (A) OF
THIS PARAGRAPH THAT SOLICITS MEMBERSHIP SUBSCRIPTIONS,  ACCEPTS  MEMBER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-13-1

S. 4712--B                          2

SHIP  APPLICATIONS,  CHARGES MEMBERSHIP FEES, AND PROVIDES AIR AMBULANCE
SERVICES TO SUBSCRIPTION MEMBERS AND DESIGNATED MEMBERS OF THEIR  HOUSE-
HOLD  IS NOT AN INSURER, IS NOT IN THE BUSINESS OF INSURANCE, AND IS NOT
SELLING INSURANCE, IF THE PRIVATE AIR AMBULANCE SERVICE:
  (I)  FURNISHES  A BOND, WITH SUFFICIENT SURETIES, IN AN AMOUNT OF FIVE
THOUSAND DOLLARS FOR EVERY ONE THOUSAND SUBSCRIBERS OR A PORTION  THERE-
OF, EXECUTED BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS
STATE  BY  THE DEPARTMENT OF STATE, TO ENSURE THAT THE STATE OF NEW YORK
SHALL HAVE ADEQUATE FUNDS TO COMPENSATE MEMBERS IN THE INSTANCE THAT THE
AIR AMBULANCE SERVICE SHALL NO LONGER HAVE A VALID OPERATING CERTIFICATE
TO PROVIDE SUCH SERVICE; SUCH BOND SHALL BE IN FAVOR OF  THE  PEOPLE  OF
THE STATE OF NEW YORK. A COPY OF THE SURETY BOND SHALL BE FILED WITH THE
OFFICE  OF  THE SECRETARY OF STATE SIMULTANEOUSLY WITH THE FILING OF THE
STATEMENT REQUIRED BY CLAUSE (IV) OF THIS SUBPARAGRAPH.  THE  MONIES  SO
HELD  IN  SAID  SURETY  BOND  SHALL AT ALL TIMES EQUAL AN AMOUNT OF FIVE
THOUSAND DOLLARS FOR EVERY ONE THOUSAND SUBSCRIBERS OR A PORTION  THERE-
OF, EXECUTED BY A SURETY COMPANY AUTHORIZED TO TRANSACT BUSINESS IN THIS
STATE  BY  THE DEPARTMENT OF STATE, TO ENSURE THAT THE STATE OF NEW YORK
SHALL HAVE ADEQUATE FUNDS TO COMPENSATE MEMBERS IN THE INSTANCE THAT THE
AIR AMBULANCE SERVICE SHALL NO LONGER HAVE A VALID OPERATING CERTIFICATE
TO PROVIDE SUCH SERVICE. THE MONIES MAY BE WITHDRAWN, FROM TIME TO TIME,
IN ORDER TO COMPENSATE MEMBERS IN THE INSTANCE THAT  THE  AIR  AMBULANCE
SERVICE  SHALL  NO  LONGER HAVE A VALID OPERATING CERTIFICATE TO PROVIDE
SUCH SERVICE;
  (II) PROVIDES IN THE MEMBERSHIP MATERIALS A DESCRIPTION OF  THE  TERMS
UNDER  WHICH  THE  MEMBER  IS  PROVIDED AIR AMBULANCE SERVICE INCLUDING,
LENGTH OF TIME THE MEMBERSHIP COVERS, AIR AMBULANCE SERVICE  COSTS  THAT
ARE  COVERED  BY  MEMBERSHIP FEES, EXCLUSIONS FROM PROVISION OF SERVICE,
DISCOUNT AMOUNTS AND A STATEMENT PROVIDING CLEAR  DISCLOSURE  TO  APPLI-
CANTS  AND  MEMBERS  THAT THIS IS NOT INSURANCE AND MEMBERSHIP CANNOT BE
CONSIDERED SECONDARY INSURANCE COVERAGE OR A SUPPLEMENT TO ANY INSURANCE
COVERAGE;
  (III) OFFERS SUBSCRIPTION MEMBERSHIPS  SOLELY  BY  THE  AIR  AMBULANCE
PROVIDER  HOLDING A VALID OPERATING CERTIFICATE ISSUED BY THE DEPARTMENT
OF HEALTH; AND
  (IV) HAS SUBMITTED EVIDENCE OF ITS COMPLIANCE WITH THIS  PARAGRAPH  TO
THE SUPERINTENDENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such effective date.

2011-S4712C - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712C - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712C - Sponsor Memo

                                BILL NUMBER:S4712C

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

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 amends section 1108 of the insurance law by adding a new
subsection (k) in order that an air ambulance service which complies
with section 2 of this bill, be added to the list of exemptions for
insurance licensure.

Section 2 adds a new section 1124 to the insurance law to set
parameters for air ambulance service subscription certificates.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our

State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air ambulance crews are supplied
with equipment and professional training that enable them to provide
medical treatment to a critically injured or ill patient in flight.
With the use of helicopters, the professional pilots are able to get
the medical personnel to the patient more quickly and transport
patients to a hospital faster, therefore providing consistently
superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Five years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times often having to stop for fuel- and are
weather dependent especially in the winter months.

Travel of traditional ambulances can be unpredictable and
inconsistent. Syracuse provides the closest level! trauma center to
the region which for some areas in northern New York can be 3 hours

by traditional ambulance in good conditions. Like other areas of the
State, the people and visitors of northern New York would greatly
benefit from the presence of a professional air ambulance team.

Lower call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mitigate the high cost of
doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

Section 1108 of the insurance law includes a host of instances when
certain parties are exempt from licensing and other requirements to
add one additional exemption. The new subsection (k) exempts any
private air ambulance service that solicits membership subscriptions.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities and their residents.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

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

2011-S4712C - Bill Text download pdf

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

                                 4712--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  insurance  law,  in  relation  to air ambulance
  subscription services

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

  Section  1.  Section  1108 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) AN AIR AMBULANCE SERVICE THAT  HOLDS  A  VALID  AMBULANCE  SERVICE
OPERATING  CERTIFICATE  ISSUED  BY  THE DEPARTMENT OF HEALTH PURSUANT TO
SECTION THREE THOUSAND FIVE OF THE PUBLIC HEALTH LAW AND  THAT  COMPLIES
WITH SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  S 2. The insurance law is amended by adding a new section 1124 to read
as follows:
  S  1124.  AIR  AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE. (A) AN AIR
AMBULANCE SERVICE THAT HOLDS A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW AND A  VALID  AIR  AMBULANCE  SERVICE
SUBSCRIPTION  CERTIFICATE  ISSUED  BY  THE  SUPERINTENDENT  PURSUANT  TO
SUBSECTION (B) OF THIS SECTION MAY ENTER INTO A  SUBSCRIPTION  AGREEMENT
WITH  A  PERSON  OR OTHER ENTITY IN THIS STATE UNDER WHICH THE AIR AMBU-
LANCE SERVICE AGREES TO DISCOUNT OR WAIVE  ANY  PART  OF  ITS  FEES  FOR
SERVICE  IN THE EVENT THAT THE AIR AMBULANCE SERVICE TRANSPORTS A PERSON
BY AIRCRAFT TO, FROM OR BETWEEN GENERAL HOSPITALS OR OTHER  HEALTH  CARE
FACILITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-16-2

S. 4712--C                          2

  (B) THE SUPERINTENDENT MAY ISSUE AN AIR AMBULANCE SERVICE SUBSCRIPTION
CERTIFICATE  TO  ANY  ENTITY THAT IS TRUSTWORTHY TO ACT IN SUCH CAPACITY
AND THAT HAS COMPLIED WITH THE PREREQUISITES HEREIN PRESCRIBED. THE  AIR
AMBULANCE  SERVICE MUST HOLD A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW THAT AUTHORIZES THE AMBULANCE SERVICE
TO  PROVIDE  SERVICES  BY  AIRCRAFT. THE AIR AMBULANCE SERVICE MUST ALSO
OBTAIN, AND MAINTAIN THROUGHOUT THE TERM OF ITS  AIR  AMBULANCE  SERVICE
SUBSCRIPTION  CERTIFICATE, A SURETY BOND ISSUED BY AN AUTHORIZED INSURER
AND PAYABLE TO AIR AMBULANCE  SERVICE  SUBSCRIBERS  TO  REFUND  UNEARNED
SUBSCRIPTION FEES PAID TO THE AIR AMBULANCE SERVICE.
  (C)  THE APPLICATION FOR AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIF-
ICATE SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN SUCH INFORMATION
AS THE SUPERINTENDENT SHALL PRESCRIBE. THE AIR AMBULANCE  SERVICE  SHALL
WITH  THE  SUBMISSION  OF  THE APPLICATION ALSO SUBMIT PROOF THAT IT HAS
OBTAINED THE SURETY BOND REQUIRED IN SUBSECTION (B) OF THIS SECTION  AND
A  COPY  OF  ITS  AMBULANCE  SERVICE OPERATING CERTIFICATE ISSUED BY THE
DEPARTMENT OF HEALTH PURSUANT TO SECTION  THREE  THOUSAND  FIVE  OF  THE
PUBLIC HEALTH LAW.
  (D)  AN  AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE SHALL BE VALID
FOR A TERM OF TWO YEARS TO RUN CONCURRENTLY WITH, AND TERMINATE  ON  THE
SAME  DATE AS, THE TERM OF THE AIR AMBULANCE SERVICE'S OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW. AT THE TIME OF APPLICATION FOR EVERY
SUCH CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL  PAY
TO THE SUPERINTENDENT THE SUM OF ONE THOUSAND DOLLARS.
  (E)  IF  AN  APPLICANT  FILES AN APPLICATION FOR A RENEWAL CERTIFICATE
WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE,  THEN
THE  CERTIFICATE  SOUGHT  TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OF  THE  RENEWAL
CERTIFICATE  APPLIED  FOR  OR  UNTIL  FIVE DAYS AFTER THE SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE AS PROVIDED IN THIS
SECTION.
  (F) THE SUPERINTENDENT MAY REFUSE TO RENEW, REVOKE, OR SUSPEND AN  AIR
AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE FOR A PERIOD THE SUPERINTEN-
DENT DETERMINES, IF AFTER NOTICE AND HEARING, THE SUPERINTENDENT  DETER-
MINES  THAT  AN APPLICANT OR CERTIFICATE HOLDER HAS: (1) NOT OBTAINED OR
MAINTAINED THE SURETY BOND REQUIRED BY SUBSECTION (B) OF THIS SECTION OR
(2)  DEMONSTRATED  UNTRUSTWORTHINESS,  INCLUDING  HAVING  VIOLATED  THIS
SECTION.
  (G)  THE  COMMISSIONER  OF  HEALTH SHALL IMMEDIATELY NOTIFY THE SUPER-
INTENDENT WHEN THE COMMISSIONER  HAS  REVOKED,  SUSPENDED,  LIMITED,  OR
ANNULLED  AN  AIR  AMBULANCE SERVICE OPERATING CERTIFICATE. AN AIR AMBU-
LANCE SERVICE SUBSCRIPTION CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
SHALL TERMINATE BY OPERATION OF LAW UPON THE EFFECTIVE DATE OF THE REVO-
CATION,  SUSPENSION, OR ANNULMENT OF THE AIR AMBULANCE SERVICE'S OPERAT-
ING CERTIFICATE BY THE COMMISSIONER.
  (H) AN AIR AMBULANCE SERVICE SHALL  FILE  ITS  SUBSCRIPTION  AGREEMENT
FORMS  WITH THE SUPERINTENDENT IN CONNECTION WITH ITS APPLICATION OR ANY
RENEWAL APPLICATION FOR AN AIR AMBULANCE  SERVICE  SUBSCRIPTION  CERTIF-
ICATE.  AN  AIR AMBULANCE SERVICE THAT AMENDS ITS SUBSCRIPTION AGREEMENT
FORMS SHALL FILE THE REVISED FORMS  WITH  THE  SUPERINTENDENT  PRIOR  TO
USING THE FORMS IN THIS STATE, PROVIDED THAT WHERE THE AMENDMENTS TO THE
FORMS  ARE  ONLY  TECHNICAL  OR  NON-SUBSTANTIATIVE,  THE  AIR AMBULANCE
SERVICE MAY FILE THE REVISED FORMS AT OR BEFORE THE TIME IT  RENEWS  ITS
AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.

S. 4712--C                          3

  (I)  THE  SUBSCRIPTION AGREEMENT FORMS SHALL: (1) EXPRESSLY STATE THAT
THE SUBSCRIPTION IS NOT A GUARANTEE FOR THE PROVISION OF MEDICAL  TREAT-
MENT OR TRANSPORT; (2) LIST THE CONDITIONS UNDER WHICH THE AIR AMBULANCE
SERVICE  MAY  NOT  PROVIDE MEDICAL TREATMENT OR TRANSPORT; AND (3) STATE
THAT  A SUBSCRIBER MAY FILE A COMPLAINT WITH THE DEPARTMENT, AND INCLUDE
THE DEPARTMENT'S WEBSITE AND MAILING ADDRESS.
  (J) A SUBSCRIBER'S INSURER, WITH RESPECT TO A HEALTH INSURANCE  POLICY
OR  CONTRACT  DELIVERED  OR ISSUED FOR DELIVERY IN THIS STATE, SHALL NOT
TAKE INTO  CONSIDERATION  ANY  DISCOUNT  OR  FEE  WAIVER  GIVEN  TO  THE
SUBSCRIBER  BY  THE  AIR  AMBULANCE SERVICE WHEN DETERMINING THE BENEFIT
PAYABLE UNDER THE HEALTH INSURANCE POLICY OR CONTRACT FOR AIR  AMBULANCE
SERVICES.
  (K) THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER OF HEALTH WHENEV-
ER  THE  SUPERINTENDENT  ISSUES,  RENEWS,  REFUSES  TO RENEW, REVOKES OR
SUSPENDS AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
  (L) THE SUPERINTENDENT MAY PROMULGATE  REGULATIONS  IMPLEMENTING  THIS
SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2011-S4712D - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712D - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712D - Sponsor Memo

                                BILL NUMBER:S4712D

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

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 amends section 1108 of the insurance law by adding a new
subsection (k) in order that an air ambulance service which complies
with section 2 of this bill, be added to the list of exemptions for
insurance licensure.

Section 2 adds a new section 1124 to the insurance law to set parameters
for air ambulance service subscription certificates.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy access

to major transportation routes. This can be especially problematic in
emergency situations.

Air ambulances are helicopters used in emergency medical situations when
a traditional ambulance cannot reach the scene or transport the patient
easily or quickly enough. Air ambulance crews are supplied with equip-
ment and professional training that enable them to provide medical
treatment to a critically injured or ill patient in flight.  With the
use of helicopters, the professional pilots are able to get the medical
personnel to the patient more quickly and transport patients to a hospi-
tal faster, therefore providing consistently superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Five years ago, northern
New York lost the MEDEVAC services of the Military Assistance to Safety
and Traffic unit at Fort Drum in Jefferson County. Now air ambulances
come from Saranac Lake or Syracuse which severely lengthens response
times often having to stop for fuel and are weather dependent especially
in the winter months.

Travel of traditional ambulances can be unpredictable and inconsistent.
Syracuse provides. the closest level 1 trauma center to the region which
for some areas in northern New York can be 3 hours by traditional ambu-
lance in good conditions. Like other areas of the State, the people and

visitors of northern New York would greatly benefit from the presence of
a professional air ambulance team.

Lower call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's rural
regions. By allowing air ambulance companies to solicit membership
subscriptions, we offer a way to mitigate the high cost of doing busi-
ness in New York.

Under current law, soliciting of membership subscriptions for air ambu-
lance services is considered a form of medical insurance.

Section 1108 of the insurance law includes a host of instances when
certain parties are exempt from licensing and other requirements to add
one additional exemption. The new subsection (k) exempts any private air
ambulance service that solicits membership subscriptions.

By enacting this legislation we recognize the need of rural communities
in New York to have fast, effective emergency medical service. By
attracting air ambulance companies to New York, we'll be filling a need
for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural munici-
palities and their residents.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

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

2011-S4712D - Bill Text download pdf

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

                                 4712--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  insurance  law,  in  relation  to air ambulance
  subscription services

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

  Section  1.  Section  1108 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) AN AIR AMBULANCE SERVICE THAT  HOLDS  A  VALID  AMBULANCE  SERVICE
OPERATING  CERTIFICATE  ISSUED  BY  THE DEPARTMENT OF HEALTH PURSUANT TO
SECTION THREE THOUSAND FIVE OF THE PUBLIC HEALTH LAW AND  THAT  COMPLIES
WITH SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  S 2. The insurance law is amended by adding a new section 1124 to read
as follows:
  S  1124.  AIR  AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE. (A) AN AIR
AMBULANCE SERVICE THAT HOLDS A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW AND A  VALID  AIR  AMBULANCE  SERVICE
SUBSCRIPTION  CERTIFICATE  ISSUED  BY  THE  SUPERINTENDENT  PURSUANT  TO
SUBSECTION (B) OF THIS SECTION MAY ENTER INTO A  SUBSCRIPTION  AGREEMENT
WITH  A  PERSON  OR OTHER ENTITY IN THIS STATE UNDER WHICH THE AIR AMBU-
LANCE SERVICE AGREES TO DISCOUNT OR WAIVE  ANY  PART  OF  ITS  FEES  FOR
SERVICE  IN THE EVENT THAT THE AIR AMBULANCE SERVICE TRANSPORTS A PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-20-2

S. 4712--D                          2

BY AIRCRAFT TO, FROM OR BETWEEN GENERAL HOSPITALS OR OTHER  HEALTH  CARE
FACILITIES.
  (B) THE SUPERINTENDENT MAY ISSUE AN AIR AMBULANCE SERVICE SUBSCRIPTION
CERTIFICATE  TO  ANY  ENTITY THAT IS TRUSTWORTHY TO ACT IN SUCH CAPACITY
AND THAT HAS COMPLIED WITH THE PREREQUISITES HEREIN PRESCRIBED. THE  AIR
AMBULANCE  SERVICE MUST HOLD A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW THAT AUTHORIZES THE AMBULANCE SERVICE
TO PROVIDE SERVICES BY AIRCRAFT. THE AIR  AMBULANCE  SERVICE  MUST  ALSO
OBTAIN,  AND  MAINTAIN  THROUGHOUT THE TERM OF ITS AIR AMBULANCE SERVICE
SUBSCRIPTION CERTIFICATE, A SURETY BOND ISSUED BY AN AUTHORIZED  INSURER
AND  PAYABLE  TO  AIR  AMBULANCE  SERVICE SUBSCRIBERS TO REFUND UNEARNED
SUBSCRIPTION FEES PAID TO THE AIR AMBULANCE SERVICE.
  (C) THE APPLICATION FOR AN AIR AMBULANCE SERVICE SUBSCRIPTION  CERTIF-
ICATE SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN SUCH INFORMATION
AS  THE  SUPERINTENDENT SHALL PRESCRIBE. THE AIR AMBULANCE SERVICE SHALL
WITH THE SUBMISSION OF THE APPLICATION ALSO SUBMIT  PROOF  THAT  IT  HAS
OBTAINED  THE SURETY BOND REQUIRED IN SUBSECTION (B) OF THIS SECTION AND
A COPY OF ITS AMBULANCE SERVICE  OPERATING  CERTIFICATE  ISSUED  BY  THE
DEPARTMENT  OF  HEALTH  PURSUANT  TO  SECTION THREE THOUSAND FIVE OF THE
PUBLIC HEALTH LAW.
  (D) AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE SHALL  BE  VALID
FOR  A  TERM OF TWO YEARS TO RUN CONCURRENTLY WITH, AND TERMINATE ON THE
SAME DATE AS, THE TERM OF THE AIR AMBULANCE SERVICE'S OPERATING  CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW. AT THE TIME OF APPLICATION FOR EVERY
SUCH  CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL PAY
TO THE SUPERINTENDENT THE SUM OF ONE THOUSAND DOLLARS.
  (E) IF AN APPLICANT FILES AN APPLICATION  FOR  A  RENEWAL  CERTIFICATE
WITH  THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE, THEN
THE CERTIFICATE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND
EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
CERTIFICATE APPLIED FOR OR UNTIL  FIVE  DAYS  AFTER  THE  SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE AS PROVIDED IN THIS
SECTION.
  (F)  THE SUPERINTENDENT MAY REFUSE TO RENEW, REVOKE, OR SUSPEND AN AIR
AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE FOR A PERIOD THE  SUPERINTEN-
DENT  DETERMINES, IF AFTER NOTICE AND HEARING, THE SUPERINTENDENT DETER-
MINES THAT AN APPLICANT OR CERTIFICATE HOLDER HAS: (1) NOT  OBTAINED  OR
MAINTAINED THE SURETY BOND REQUIRED BY SUBSECTION (B) OF THIS SECTION OR
(2)  DEMONSTRATED  UNTRUSTWORTHINESS,  INCLUDING  HAVING  VIOLATED  THIS
SECTION.
  (G) THE COMMISSIONER OF HEALTH SHALL  IMMEDIATELY  NOTIFY  THE  SUPER-
INTENDENT  WHEN  THE  COMMISSIONER  HAS  REVOKED, SUSPENDED, LIMITED, OR
ANNULLED AN AIR AMBULANCE SERVICE OPERATING CERTIFICATE.  AN  AIR  AMBU-
LANCE  SERVICE  SUBSCRIPTION CERTIFICATE ISSUED PURSUANT TO THIS SECTION
SHALL TERMINATE BY OPERATION OF LAW UPON THE EFFECTIVE DATE OF THE REVO-
CATION, SUSPENSION, OR ANNULMENT OF THE AIR AMBULANCE SERVICE'S  OPERAT-
ING CERTIFICATE BY THE COMMISSIONER.
  (H)  AN  AIR  AMBULANCE  SERVICE SHALL FILE ITS SUBSCRIPTION AGREEMENT
FORMS WITH THE SUPERINTENDENT IN CONNECTION WITH ITS APPLICATION OR  ANY
RENEWAL  APPLICATION  FOR  AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIF-
ICATE. AN AIR AMBULANCE SERVICE THAT AMENDS ITS  SUBSCRIPTION  AGREEMENT
FORMS  SHALL  FILE  THE  REVISED  FORMS WITH THE SUPERINTENDENT PRIOR TO
USING THE FORMS IN THIS STATE, PROVIDED THAT WHERE THE AMENDMENTS TO THE
FORMS ARE  ONLY  TECHNICAL  OR  NON-SUBSTANTIATIVE,  THE  AIR  AMBULANCE

S. 4712--D                          3

SERVICE  MAY  FILE THE REVISED FORMS AT OR BEFORE THE TIME IT RENEWS ITS
AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
  (I)  THE  SUBSCRIPTION AGREEMENT FORMS SHALL: (1) EXPRESSLY STATE THAT
THE SUBSCRIPTION IS NOT A GUARANTEE FOR THE PROVISION OF MEDICAL  TREAT-
MENT OR TRANSPORT; (2) LIST THE CONDITIONS UNDER WHICH THE AIR AMBULANCE
SERVICE  MAY  NOT  PROVIDE MEDICAL TREATMENT OR TRANSPORT; AND (3) STATE
THAT A SUBSCRIBER MAY FILE A COMPLAINT WITH THE DEPARTMENT, AND  INCLUDE
THE DEPARTMENT'S WEBSITE AND MAILING ADDRESS.
  (J)  AN  AIR  AMBULANCE  SUBSCRIPTION  AGREEMENT  MAY: (1) CONDITION A
DISCOUNT OR WAIVER OF ANY PART  OF  THE  FEES  UPON  THE  AIR  AMBULANCE
SERVICE RECEIVING AN ASSIGNMENT OF INSURANCE PAYMENTS, OR OTHER RIGHT TO
REIMBURSEMENT  OR  RECOVERY, FOR THE AIR AMBULANCE SERVICES; (2) PROVIDE
FOR A DISCOUNT OR WAIVER OF ANY PART  OF  THE  FEES  FOR  AIR  AMBULANCE
SERVICE  PROVIDED BY AN ENTITY AFFILIATED WITH THE AIR AMBULANCE SERVICE
THAT IS DULY AUTHORIZED TO PROVIDE THE AMBULANCE SERVICES IN THE  JURIS-
DICTION  IN  WHICH  THE SERVICES ARE RENDERED; AND (3) COVER TWO OR MORE
PERSONS, SUCH AS FAMILY MEMBERS, EMPLOYEES,  OCCUPANTS  OF  A  SPECIFIED
PREMISES,  OR  ANOTHER  GROUP OF PERSONS WITH A COMMON RELATIONSHIP WITH
ONE ANOTHER. FOR PURPOSES OF THIS SECTION, AN ENTITY IS AFFILIATED  WITH
AN  AIR AMBULANCE SERVICE WHERE THE ENTITY AND THE AIR AMBULANCE SERVICE
HAVE ENTERED INTO AN  AGREEMENT  TO  PROVIDE  RECIPROCAL  AIR  AMBULANCE
SERVICES TO EACH OTHER'S SUBSCRIBERS.
  (K)  A SUBSCRIBER'S INSURER, WITH RESPECT TO A HEALTH INSURANCE POLICY
OR CONTRACT DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE,  SHALL  NOT
TAKE  INTO  CONSIDERATION  ANY  DISCOUNT  OR  FEE  WAIVER  GIVEN  TO THE
SUBSCRIBER BY THE AIR AMBULANCE SERVICE  WHEN  DETERMINING  THE  BENEFIT
PAYABLE  UNDER THE HEALTH INSURANCE POLICY OR CONTRACT FOR AIR AMBULANCE
SERVICES.
  (L) THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER OF HEALTH WHENEV-
ER THE SUPERINTENDENT ISSUES,  RENEWS,  REFUSES  TO  RENEW,  REVOKES  OR
SUSPENDS AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
  (M)  THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS IMPLEMENTING THIS
SECTION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2011-S4712E (ACTIVE) - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1108, Ins L

2011-S4712E (ACTIVE) - Summary

Relates to private air ambulance service insurance exemptions.

2011-S4712E (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4712E

TITLE OF BILL:
An act
to amend the insurance law, in relation to air ambulance subscription
services; and providing for the repeal of such provisions upon the
expiration thereof

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 amends section 1108 of the insurance law by adding a new
subsection (k) in order that an air ambulance service which complies
with section 2 of this bill, be added to the list of exemptions for
insurance licensure.

Section 2 adds a new section 1124 to the insurance law to set
parameters for air ambulance service subscription certificates.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are

difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air ambulance crews are supplied
with equipment and professional training that enable them to provide
medical treatment to a critically injured or ill patient in flight.
With the use of helicopters, the professional pilots are able to get
the medical personnel to the patient more quickly and transport
patients to a hospital faster, therefore providing consistently
superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Five years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times often having to stop for fuel and are
weather dependent especially in the winter months.

Travel of traditional ambulances can be unpredictable and inconsistent.
Syracuse provides the closest level 1 trauma center to the region

which for some areas in northern New York can be 3 hours by
traditional ambulance in good conditions. Like other areas of the
State, the people and visitors of northern New York would greatly
benefit from the presence of a professional air ambulance team.

Lower call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mitigate the high cost
of doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

Section 1108 of the insurance law includes a host of instances when
certain parties are exempt from licensing and other requirements to
add one additional exemption. The new subsection (k) exempts any
private air ambulance service that solicits membership subscriptions.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities and their residents.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

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

2011-S4712E (ACTIVE) - Bill Text download pdf

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

                                 4712--E

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to  amend  the  insurance  law,  in  relation  to  air  ambulance
  subscription services; and providing for the repeal of such provisions
  upon the expiration thereof

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

  Section 1. Section 1108 of the insurance law is amended  by  adding  a
new subsection (k) to read as follows:
  (K)  AN  AIR  AMBULANCE  SERVICE  THAT HOLDS A VALID AMBULANCE SERVICE
OPERATING CERTIFICATE ISSUED BY THE DEPARTMENT  OF  HEALTH  PURSUANT  TO
SECTION  THREE  THOUSAND FIVE OF THE PUBLIC HEALTH LAW AND THAT COMPLIES
WITH SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  S 2. The insurance law is amended by adding a new section 1124 to read
as follows:
  S 1124. AIR AMBULANCE SERVICE SUBSCRIPTION  CERTIFICATE.  (A)  AN  AIR
AMBULANCE SERVICE THAT HOLDS A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND  FIVE  OF  THE  PUBLIC HEALTH LAW AND A VALID AIR AMBULANCE SERVICE
SUBSCRIPTION  CERTIFICATE  ISSUED  BY  THE  SUPERINTENDENT  PURSUANT  TO
SUBSECTION  (B)  OF THIS SECTION MAY ENTER INTO A SUBSCRIPTION AGREEMENT
WITH A PERSON OR OTHER ENTITY IN THIS STATE UNDER WHICH  THE  AIR  AMBU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10652-23-2

S. 4712--E                          2

LANCE  SERVICE  AGREES  TO  DISCOUNT  OR  WAIVE ANY PART OF ITS FEES FOR
SERVICE IN THE EVENT THAT THE AIR AMBULANCE SERVICE TRANSPORTS A  PERSON
BY  AIRCRAFT  TO, FROM OR BETWEEN GENERAL HOSPITALS OR OTHER HEALTH CARE
FACILITIES.
  (B) THE SUPERINTENDENT MAY ISSUE AN AIR AMBULANCE SERVICE SUBSCRIPTION
CERTIFICATE  TO  ANY  ENTITY THAT IS TRUSTWORTHY TO ACT IN SUCH CAPACITY
AND THAT HAS COMPLIED WITH THE PREREQUISITES HEREIN PRESCRIBED. THE  AIR
AMBULANCE  SERVICE MUST HOLD A VALID AMBULANCE SERVICE OPERATING CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW THAT AUTHORIZES THE AMBULANCE SERVICE
TO PROVIDE SERVICES BY AIRCRAFT. THE AIR  AMBULANCE  SERVICE  MUST  ALSO
OBTAIN,  AND  MAINTAIN  THROUGHOUT THE TERM OF ITS AIR AMBULANCE SERVICE
SUBSCRIPTION CERTIFICATE, A SURETY BOND ISSUED BY AN AUTHORIZED  INSURER
AND  PAYABLE  TO  AIR  AMBULANCE  SERVICE SUBSCRIBERS TO REFUND UNEARNED
SUBSCRIPTION FEES PAID TO THE AIR AMBULANCE SERVICE.
  (C) THE APPLICATION FOR AN AIR AMBULANCE SERVICE SUBSCRIPTION  CERTIF-
ICATE SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN SUCH INFORMATION
AS  THE  SUPERINTENDENT SHALL PRESCRIBE. THE AIR AMBULANCE SERVICE SHALL
WITH THE SUBMISSION OF THE APPLICATION ALSO SUBMIT  PROOF  THAT  IT  HAS
OBTAINED  THE SURETY BOND REQUIRED IN SUBSECTION (B) OF THIS SECTION AND
A COPY OF ITS AMBULANCE SERVICE  OPERATING  CERTIFICATE  ISSUED  BY  THE
DEPARTMENT  OF  HEALTH  PURSUANT  TO  SECTION THREE THOUSAND FIVE OF THE
PUBLIC HEALTH LAW.
  (D) AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE SHALL  BE  VALID
FOR  A  TERM OF TWO YEARS TO RUN CONCURRENTLY WITH, AND TERMINATE ON THE
SAME DATE AS, THE TERM OF THE AIR AMBULANCE SERVICE'S OPERATING  CERTIF-
ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
SAND FIVE OF THE PUBLIC HEALTH LAW. AT THE TIME OF APPLICATION FOR EVERY
SUCH  CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL PAY
TO THE SUPERINTENDENT THE SUM OF ONE THOUSAND DOLLARS.
  (E) IF AN APPLICANT FILES AN APPLICATION  FOR  A  RENEWAL  CERTIFICATE
WITH  THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE, THEN
THE CERTIFICATE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND
EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL
CERTIFICATE APPLIED FOR OR UNTIL  FIVE  DAYS  AFTER  THE  SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE AS PROVIDED IN THIS
SECTION.
  (F)  THE SUPERINTENDENT MAY REFUSE TO RENEW, REVOKE, OR SUSPEND AN AIR
AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE FOR A PERIOD THE  SUPERINTEN-
DENT  DETERMINES, IF AFTER NOTICE AND HEARING, THE SUPERINTENDENT DETER-
MINES THAT AN APPLICANT OR CERTIFICATE HOLDER HAS: (1) NOT  OBTAINED  OR
MAINTAINED THE SURETY BOND REQUIRED BY SUBSECTION (B) OF THIS SECTION OR
(2)  DEMONSTRATED  UNTRUSTWORTHINESS,  INCLUDING  HAVING  VIOLATED  THIS
SECTION.
  (G) THE COMMISSIONER OF HEALTH SHALL  IMMEDIATELY  NOTIFY  THE  SUPER-
INTENDENT  WHEN  THE  COMMISSIONER  HAS  REVOKED, SUSPENDED, LIMITED, OR
ANNULLED AN AIR AMBULANCE SERVICE OPERATING CERTIFICATE.  AN  AIR  AMBU-
LANCE  SERVICE  SUBSCRIPTION CERTIFICATE ISSUED PURSUANT TO THIS SECTION
SHALL TERMINATE BY OPERATION OF LAW UPON THE EFFECTIVE DATE OF THE REVO-
CATION, SUSPENSION, OR ANNULMENT OF THE AIR AMBULANCE SERVICE'S  OPERAT-
ING CERTIFICATE BY THE COMMISSIONER.
  (H)  AN  AIR  AMBULANCE  SERVICE SHALL FILE ITS SUBSCRIPTION AGREEMENT
FORMS WITH THE SUPERINTENDENT IN CONNECTION WITH ITS APPLICATION OR  ANY
RENEWAL  APPLICATION  FOR  AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIF-
ICATE. AN AIR AMBULANCE SERVICE THAT AMENDS ITS  SUBSCRIPTION  AGREEMENT
FORMS  SHALL  FILE  THE  REVISED  FORMS WITH THE SUPERINTENDENT PRIOR TO

S. 4712--E                          3

USING THE FORMS IN THIS STATE, PROVIDED THAT WHERE THE AMENDMENTS TO THE
FORMS ARE  ONLY  TECHNICAL  OR  NON-SUBSTANTIATIVE,  THE  AIR  AMBULANCE
SERVICE  MAY  FILE THE REVISED FORMS AT OR BEFORE THE TIME IT RENEWS ITS
AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
  (I)  THE  SUBSCRIPTION AGREEMENT FORMS SHALL: (1) EXPRESSLY STATE THAT
THE SUBSCRIPTION IS NOT A GUARANTEE FOR THE PROVISION OF MEDICAL  TREAT-
MENT OR TRANSPORT; (2) LIST THE CONDITIONS UNDER WHICH THE AIR AMBULANCE
SERVICE  MAY  NOT  PROVIDE MEDICAL TREATMENT OR TRANSPORT; AND (3) STATE
THAT A SUBSCRIBER MAY FILE A COMPLAINT WITH THE DEPARTMENT, AND  INCLUDE
THE DEPARTMENT'S WEBSITE AND MAILING ADDRESS.
  (J)  AN  AIR  AMBULANCE  SUBSCRIPTION  AGREEMENT  MAY: (1) CONDITION A
DISCOUNT OR WAIVER OF ANY PART  OF  THE  FEES  UPON  THE  AIR  AMBULANCE
SERVICE RECEIVING AN ASSIGNMENT OF INSURANCE PAYMENTS, OR OTHER RIGHT TO
REIMBURSEMENT  OR  RECOVERY, FOR THE AIR AMBULANCE SERVICES; (2) PROVIDE
FOR A DISCOUNT OR WAIVER OF ANY PART  OF  THE  FEES  FOR  AIR  AMBULANCE
SERVICE  PROVIDED BY AN ENTITY AFFILIATED WITH THE AIR AMBULANCE SERVICE
THAT IS DULY AUTHORIZED TO PROVIDE THE AMBULANCE SERVICES IN THE  JURIS-
DICTION  IN  WHICH  THE SERVICES ARE RENDERED; AND (3) COVER TWO OR MORE
PERSONS, SUCH AS FAMILY MEMBERS, EMPLOYEES,  OCCUPANTS  OF  A  SPECIFIED
PREMISES,  OR  ANOTHER  GROUP OF PERSONS WITH A COMMON RELATIONSHIP WITH
ONE ANOTHER. FOR PURPOSES OF THIS SECTION, AN ENTITY IS AFFILIATED  WITH
AN  AIR AMBULANCE SERVICE WHERE THE ENTITY AND THE AIR AMBULANCE SERVICE
HAVE ENTERED INTO AN  AGREEMENT  TO  PROVIDE  RECIPROCAL  AIR  AMBULANCE
SERVICES TO EACH OTHER'S SUBSCRIBERS.
  (K)  A SUBSCRIBER'S INSURER, WITH RESPECT TO A HEALTH INSURANCE POLICY
OR CONTRACT DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE,  SHALL  NOT
TAKE  INTO  CONSIDERATION  ANY  DISCOUNT  OR  FEE  WAIVER  GIVEN  TO THE
SUBSCRIBER BY THE AIR AMBULANCE SERVICE  WHEN  DETERMINING  THE  BENEFIT
PAYABLE  UNDER THE HEALTH INSURANCE POLICY OR CONTRACT FOR AIR AMBULANCE
SERVICES.
  (L) THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER OF HEALTH WHENEV-
ER THE SUPERINTENDENT ISSUES,  RENEWS,  REFUSES  TO  RENEW,  REVOKES  OR
SUSPENDS AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
  (M)  THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS IMPLEMENTING THIS
SECTION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become a law and shall expire and be deemed repealed 3 years after
such effective date.

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Assembly Committee

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2011-S4712 - Details

2011-S4712 - Summary

2011-S4712 - Sponsor Memo

2011-S4712 - Bill Text download pdf

2011-S4712A - Details

2011-S4712A - Summary

2011-S4712A - Sponsor Memo

2011-S4712A - Bill Text download pdf

2011-S4712B - Details

2011-S4712B - Summary

2011-S4712B - Sponsor Memo

2011-S4712B - Bill Text download pdf

2011-S4712C - Details

2011-S4712C - Summary

2011-S4712C - Sponsor Memo

2011-S4712C - Bill Text download pdf

2011-S4712D - Details

2011-S4712D - Summary

2011-S4712D - Sponsor Memo

2011-S4712D - Bill Text download pdf

2011-S4712E (ACTIVE) - Details

2011-S4712E (ACTIVE) - Summary

2011-S4712E (ACTIVE) - Sponsor Memo

2011-S4712E (ACTIVE) - Bill Text download pdf

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