S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    492
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. LIFTON -- read once and referred to the Committee
   on Insurance
 
 AN  ACT to amend the insurance law, in relation to policies or contracts
   which are not included in  the  definition  of  student  accident  and
   health insurance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Clause  (ii)  of  subparagraph  (B)  of  paragraph  1  of
 subsection (a) of section 3240 of the insurance law, as amended by chap-
 ter 461 of the laws of 2015, is amended to read as follows:
   (ii) [an accident] A policy or contract that provides benefits meeting
 the  definition  of "excepted benefits" set forth in section 2791 of the
 public health service act, 42 U.S.C. § 300gg-91(c),  if  the  policy  or
 contract IS LIMITED TO INSURANCE COVERAGE FOR PERSONAL RISKS INCIDENT TO
 PLANNED  TRAVEL,  INCLUDING  SICKNESS,  ACCIDENT,  DISABILITY,  OR DEATH
 OCCURRING DURING TRAVEL, PROVIDED THAT  SUCH  HEALTH  BENEFITS  ARE  NOT
 OFFERED ON A STAND-ALONE BASIS AND ARE INCIDENTAL TO OTHER COVERAGE.
   (III)  AN  ACCIDENT  POLICY OR CONTRACT THAT PROVIDES BENEFITS MEETING
 THE DEFINITION OF "EXCEPTED BENEFITS" SET FORTH IN SECTION 2791  OF  THE
 PUBLIC  HEALTH  SERVICE  ACT,  42 U.S.C. § 300GG-91(C), IF THE POLICY OR
 CONTRACT:
   (I) is limited to coverage for intercollegiate sports injuries only;
   (II) provides benefits  to  diagnose  and  treat  any  intercollegiate
 sports  injury  and does not include a benefit dollar maximum amount per
 injury that is less than the overall benefit dollar maximum  amount  per
 student under the intercollegiate sports injury policy or contract;
   (III) provides benefits on an expense incurred basis;
   (IV)  provides  that  premiums  are paid in full by the institution of
 higher education;

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

                                                            LBD05103-01-9

 A. 492                              2
 
   (V) includes prominent disclosure to the  student  that  the  accident
 policy is not a substitute for comprehensive hospital and medical cover-
 age;
   (VI)  provides coverage for intercollegiate sports injuries primary to
 any student accident and health insurance  policy  or  contract  or  any
 student  health plan issued pursuant to section one thousand one hundred
 twenty-four of this chapter; except that a policy  or  contract  meeting
 the  requirements  of  this item may be excess or secondary to any other
 policy or contract of accident and health insurance; and
   (VII) includes a maximum benefit amount  that  is  no  less  than  the
 deductible under the separate athletic association policy or contract if
 designed  to  coordinate with a separate policy or contract issued to an
 athletic association that extends coverage  for  intercollegiate  sports
 injuries.
   § 2. This act shall take effect immediately.