senate Bill S4712E

2011-2012 Legislative Session

Relates to private air ambulance service insurance exemptions

download bill text pdf

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (24)
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
amend (t) and recommit to insurance
Apr 19, 2012 print number 4712d
amend and recommit to insurance
Mar 06, 2012 print number 4712c
amend (t) and recommit to insurance
Jan 05, 2012 print number 4712b
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
amend and recommit to insurance
Apr 15, 2011 referred to insurance

S4712 - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712 - Summary

Relates to private air ambulance service insurance exemptions.

S4712 - Sponsor Memo

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

S4712A - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712A - Summary

Relates to private air ambulance service insurance exemptions.

S4712A - Sponsor Memo

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

S4712B - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712B - Summary

Relates to private air ambulance service insurance exemptions.

S4712B - Sponsor Memo

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

S4712C - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712C - Summary

Relates to private air ambulance service insurance exemptions.

S4712C - Sponsor Memo

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

S4712D - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712D - Summary

Relates to private air ambulance service insurance exemptions.

S4712D - Sponsor Memo

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

S4712E (ACTIVE) - Details

See Assembly Version of this Bill:
A7821E
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §1108, add §1124, Ins L

S4712E (ACTIVE) - Summary

Relates to private air ambulance service insurance exemptions.

S4712E (ACTIVE) - Sponsor Memo

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

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