S T A T E O F N E W Y O R K
________________________________________________________________________
2528
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to the eligibility of
small employers and individuals for participation in the program for
standardized health insurance contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Item (ii) of subparagraph (A) of paragraph 1 of subsection
(c) of section 4326 of the insurance law, as amended by chapter 419 of
the laws of 2000, is amended to read as follows:
(ii) resides in [a household] THE COUNTIES OF BRONX, DUTCHESS, KINGS,
NASSAU, NEW YORK, ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND, SUFFOLK,
OR WESTCHESTER IN A HOUSEHOLD HAVING A GROSS HOUSEHOLD INCOME AT OR
BELOW THREE HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL (AS
DEFINED AND UPDATED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES), OR RESIDES ELSEWHERE IN THE STATE IN A HOUSEHOLD having a
[net] GROSS household income at or below two hundred [eight] FIFTY
percent of the non-farm federal poverty level (as defined and updated by
the federal department of health and human services) [or the gross
equivalent of such net income];
S 2. Subparagraph (B) of paragraph 1 of subsection (c) of section 4326
of the insurance law, as added by chapter 1 of the laws of 1999, is
amended to read as follows:
(B) An employer [with]:
(i) WITH not more than fifty eligible employees;
(ii) WITH no group health insurance which provides benefits on an
expense reimbursed or prepaid basis covering employees in effect during
the twelve month period prior to application for a qualifying group
health insurance contract under the program established by this section;
and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05032-01-1
A. 2528 2
(iii) FOR AN EMPLOYER LOCATED IN THE COUNTIES OF BRONX, DUTCHESS,
KINGS, NASSAU, NEW YORK, ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND,
SUFFOLK, OR WESTCHESTER, at least thirty percent of its eligible employ-
ees receiving annual wages from the employer at a level equal to or less
than [thirty] FORTY-TWO thousand dollars, OR FOR AN EMPLOYER LOCATED
ELSEWHERE IN THE STATE, AT LEAST THIRTY PERCENT OF ELIGIBLE EMPLOYEES
RECEIVING ANNUAL WAGES FROM THE EMPLOYER AT A LEVEL EQUAL TO OR LESS
THAN THIRTY-FIVE THOUSAND DOLLARS. The [thirty thousand] dollar figure
UTILIZED IN THIS CLAUSE shall be adjusted periodically pursuant to
subparagraph (F) of this paragraph.
S 3. Subparagraph (F) of paragraph l of subsection (c) of section 4326
of the insurance law, as added by chapter 1 of the laws of 1999, is
amended to read as follows:
(F) The wage levels utilized in subparagraph (B) of this paragraph
shall be adjusted annually, beginning in two thousand [two] TWELVE. The
adjustment shall take effect on July first of each year. For July first,
two thousand [two] TWELVE, the adjustment shall be a percentage of the
annual wage [figure] FIGURES specified in subparagraph (B) of this para-
graph. For subsequent years, the adjustment shall be a percentage of the
annual wage [figure] FIGURES which took effect on July first of the
prior year. The percentage adjustment shall be the same percentage by
which the current year's non-farm federal poverty level, as defined and
updated by the federal department of health and human services, for a
family unit of four persons for the forty-eight contiguous states and
Washington, D.C., changed from the same level established for the prior
year.
S 4. Item (iii) of subparagraph (A) of paragraph 3 of subsection (c)
of section 4326 of the insurance law, as added by chapter 1 of the laws
of 1999, is amended to read as follows:
(iii) resides in [a household] THE COUNTIES OF BRONX, DUTCHESS, KINGS,
NASSAU, NEW YORK, ORANGE, PUTNAM, QUEENS, RICHMOND, ROCKLAND, SUFFOLK,
OR WESTCHESTER IN A HOUSEHOLD HAVING A GROSS HOUSEHOLD INCOME AT OR
BELOW THREE HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL (AS
DEFINED AND UPDATED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES), OR RESIDES ELSEWHERE IN THE STATE IN A HOUSEHOLD having a
[net] GROSS household income at or below two hundred [eight] FIFTY
percent of the non-farm federal poverty level (as defined and updated by
the federal department of health and human services) [or the gross
equivalent of such net income]; and
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.