Assembly Bill A11105

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11105
 
                           I N  A S S E M B L Y
 
                               June 5, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rodriguez)
   -- read once and referred to the Committee on Labor
 
 AN ACT to amend the executive law, in relation to the authority  of  the
   New  York  black  car  operators'  injury  compensation  fund, inc. to
   provide additional benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and 2 of section 160-jj of the executive
 law, as added by chapter 49 of the laws of 1999, are amended to read  as
 follows:
   1.  To pay (a) the costs of the insurance purchased pursuant to subdi-
 vision three of section one hundred sixty-ii of this article or (b)  the
 benefits  due  under the workers' compensation law in the event the fund
 self-insures pursuant to subdivision two of section one hundred sixty-ii
 of this article, and to pay (c) its expenses in carrying out its  powers
 and  duties under this article and (d) its liabilities, if any, pursuant
 to section fourteen-a of the workers' compensation law, the  fund  shall
 ascertain by reasonable estimate the total funding necessary to carry on
 its  operations AND (E) THE COSTS OF BENEFITS, SOURCING AND ENROLLING OR
 THE COSTS PROVIDED TO A  THIRD  PARTY  NOT-FOR-PROFIT  ORGANIZATION,  AS
 AUTHORIZED  BY  THE  FUND,  CAPABLE OF EDUCATING, SOURCING AND ENROLLING
 LARGE GROUPS OF BLACK CAR OPERATORS INTO ADDITIONAL HEALTH SERVICES  AND
 RELATED  BENEFITS THAT BLACK CAR OPERATORS DO NOT TYPICALLY HAVE OR HAVE
 ACCESS TO INCLUDING, BUT NOT LIMITED TO, HEALTH INSURANCE,  LIFE  INSUR-
 ANCE,  DISABILITY  INSURANCE,  VISION  INSURANCE, DENTAL INSURANCE, PAID
 LEAVE, RETIREMENT SERVICES, AND FINANCIAL SERVICES.
   2. Based upon its estimation of operating costs, the fund shall estab-
 lish a proposed uniform percentage surcharge to  be  added  to  (a)  the
 invoices  or  billings for covered services sent to the customers of the
 fund's members by a member or its agent and (b) the credit payments  for
 covered  services  received  by  a  member  or  its  agent. The proposed
 surcharge shall become effective thirty days after being filed with  the
 department. Notwithstanding the foregoing, beginning on the first day of
 the  first calendar month that shall commence at least seventy-five days
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16149-01-8

 A. 11105                            2
 
 after the effective date of this article, and until the fund shall  have
 filed  with the department a different surcharge amount, a three percent
 surcharge shall be  added  to  every  invoice  or  billing  for  covered
 services  sent by a member or its agent to, and every credit payment for
 covered services received by a member or its agent from,  the  customers
 of the fund's members. THE SURCHARGE AMOUNTS ALLOCATED FOR PARAGRAPH (E)
 OF  SUBDIVISION  ONE  OF THIS SECTION SHALL NOT EXCEED TEN PERCENT. Each
 member of the fund shall be liable for payment to the fund of an  amount
 equal  to  the  product of (i) the percentages surcharge due pursuant to
 this article, divided by one hundred and (ii) all payments  received  by
 the  member  or its agent for covered services from the member's custom-
 ers,  as  provided  in  this  subdivision,  regardless  of  whether  the
 surcharge was billed or charged.
   § 2. Paragraphs (f), (g) and (h) of subdivision 2 of section 160-gg of
 the  executive  law are relettered paragraphs (g), (h) and (i) and a new
 paragraph (f) is added to read as follows:
   (F) ESTABLISH A PROCEDURE TO ENSURE DELIVERY OF  PROMPT  AND  ACCURATE
 DATA  TO DETERMINE WHETHER A BLACK CAR OPERATOR IS ELIGIBLE FOR BENEFITS
 UNDER PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-JJ
 OF  THIS ARTICLE FOR INSTANCES WHERE THE BLACK CAR OPERATOR WORKS ACROSS
 MULTIPLE CENTRAL DISPATCH FACILITIES AS DEFINED IN SUBDIVISION THREE  OF
 SECTION ONE HUNDRED SIXTY-CC OF THIS ARTICLE;
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.