Bill Text: NY A07821 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to private air ambulance service insurance exemptions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-11 - print number 7821e [A07821 Detail]

Download: New_York-2011-A07821-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7821--C
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 18, 2011
                                      ___________
       Introduced by M. of A. MAGNARELLI -- Multi-Sponsored by -- M. of A. KOLB
         --  read  once and referred to the Committee on Insurance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- again reported from said  committee  with  amend-
         ments,  ordered reprinted as amended and recommitted to said committee
         -- recommitted to the Committee on Insurance in accordance with Assem-
         bly Rule 3, sec. 2 --  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:
    1    Section  1.  Section  1108 of the insurance law is amended by adding a
    2  new subsection (k) to read as follows:
    3    (K) AN AIR AMBULANCE SERVICE THAT  HOLDS  A  VALID  AMBULANCE  SERVICE
    4  OPERATING  CERTIFICATE  ISSUED  BY  THE DEPARTMENT OF HEALTH PURSUANT TO
    5  SECTION THREE THOUSAND FIVE OF THE PUBLIC HEALTH LAW AND  THAT  COMPLIES
    6  WITH SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
    7    S 2. The insurance law is amended by adding a new section 1124 to read
    8  as follows:
    9    S  1124.  AIR  AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE. (A) AN AIR
   10  AMBULANCE SERVICE THAT HOLDS A VALID AMBULANCE SERVICE OPERATING CERTIF-
   11  ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
   12  SAND FIVE OF THE PUBLIC HEALTH LAW AND A  VALID  AIR  AMBULANCE  SERVICE
   13  SUBSCRIPTION  CERTIFICATE  ISSUED  BY  THE  SUPERINTENDENT  PURSUANT  TO
   14  SUBSECTION (B) OF THIS SECTION MAY ENTER INTO A  SUBSCRIPTION  AGREEMENT
   15  WITH  A  PERSON  OR OTHER ENTITY IN THIS STATE UNDER WHICH THE AIR AMBU-
   16  LANCE SERVICE AGREES TO DISCOUNT OR WAIVE  ANY  PART  OF  ITS  FEES  FOR
   17  SERVICE  IN THE EVENT THAT THE AIR AMBULANCE SERVICE TRANSPORTS A PERSON
   18  BY AIRCRAFT TO, FROM OR BETWEEN GENERAL HOSPITALS OR OTHER  HEALTH  CARE
   19  FACILITIES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10652-17-2
       A. 7821--C                          2
    1    (B) THE SUPERINTENDENT MAY ISSUE AN AIR AMBULANCE SERVICE SUBSCRIPTION
    2  CERTIFICATE  TO  ANY  ENTITY THAT IS TRUSTWORTHY TO ACT IN SUCH CAPACITY
    3  AND THAT HAS COMPLIED WITH THE PREREQUISITES HEREIN PRESCRIBED. THE  AIR
    4  AMBULANCE  SERVICE MUST HOLD A VALID AMBULANCE SERVICE OPERATING CERTIF-
    5  ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
    6  SAND FIVE OF THE PUBLIC HEALTH LAW THAT AUTHORIZES THE AMBULANCE SERVICE
    7  TO  PROVIDE  SERVICES  BY  AIRCRAFT. THE AIR AMBULANCE SERVICE MUST ALSO
    8  OBTAIN, AND MAINTAIN THROUGHOUT THE TERM OF ITS  AIR  AMBULANCE  SERVICE
    9  SUBSCRIPTION  CERTIFICATE, A SURETY BOND ISSUED BY AN AUTHORIZED INSURER
   10  AND PAYABLE TO AIR AMBULANCE  SERVICE  SUBSCRIBERS  TO  REFUND  UNEARNED
   11  SUBSCRIPTION FEES PAID TO THE AIR AMBULANCE SERVICE.
   12    (C)  THE APPLICATION FOR AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIF-
   13  ICATE SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN SUCH INFORMATION
   14  AS THE SUPERINTENDENT SHALL PRESCRIBE. THE AIR AMBULANCE  SERVICE  SHALL
   15  WITH  THE  SUBMISSION  OF  THE APPLICATION ALSO SUBMIT PROOF THAT IT HAS
   16  OBTAINED THE SURETY BOND REQUIRED IN SUBSECTION (B) OF THIS SECTION  AND
   17  A  COPY  OF  ITS  AMBULANCE  SERVICE OPERATING CERTIFICATE ISSUED BY THE
   18  DEPARTMENT OF HEALTH PURSUANT TO SECTION  THREE  THOUSAND  FIVE  OF  THE
   19  PUBLIC HEALTH LAW.
   20    (D)  AN  AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE SHALL BE VALID
   21  FOR A TERM OF TWO YEARS TO RUN CONCURRENTLY WITH, AND TERMINATE  ON  THE
   22  SAME  DATE AS, THE TERM OF THE AIR AMBULANCE SERVICE'S OPERATING CERTIF-
   23  ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU-
   24  SAND FIVE OF THE PUBLIC HEALTH LAW. AT THE TIME OF APPLICATION FOR EVERY
   25  SUCH CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL  PAY
   26  TO THE SUPERINTENDENT THE SUM OF ONE THOUSAND DOLLARS.
   27    (E)  IF  AN  APPLICANT  FILES AN APPLICATION FOR A RENEWAL CERTIFICATE
   28  WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE,  THEN
   29  THE  CERTIFICATE  SOUGHT  TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
   30  EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OF  THE  RENEWAL
   31  CERTIFICATE  APPLIED  FOR  OR  UNTIL  FIVE DAYS AFTER THE SUPERINTENDENT
   32  SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE AS PROVIDED IN THIS
   33  SECTION.
   34    (F) THE SUPERINTENDENT MAY REFUSE TO RENEW, REVOKE, OR SUSPEND AN  AIR
   35  AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE FOR A PERIOD THE SUPERINTEN-
   36  DENT DETERMINES, IF AFTER NOTICE AND HEARING, THE SUPERINTENDENT  DETER-
   37  MINES  THAT  AN APPLICANT OR CERTIFICATE HOLDER HAS: (1) NOT OBTAINED OR
   38  MAINTAINED THE SURETY BOND REQUIRED BY SUBSECTION (B) OF THIS SECTION OR
   39  (2)  DEMONSTRATED  UNTRUSTWORTHINESS,  INCLUDING  HAVING  VIOLATED  THIS
   40  SECTION.
   41    (G)  THE  COMMISSIONER  OF  HEALTH SHALL IMMEDIATELY NOTIFY THE SUPER-
   42  INTENDENT WHEN THE COMMISSIONER  HAS  REVOKED,  SUSPENDED,  LIMITED,  OR
   43  ANNULLED  AN  AIR  AMBULANCE SERVICE OPERATING CERTIFICATE. AN AIR AMBU-
   44  LANCE SERVICE SUBSCRIPTION CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
   45  SHALL TERMINATE BY OPERATION OF LAW UPON THE EFFECTIVE DATE OF THE REVO-
   46  CATION,  SUSPENSION, OR ANNULMENT OF THE AIR AMBULANCE SERVICE'S OPERAT-
   47  ING CERTIFICATE BY THE COMMISSIONER.
   48    (H) AN AIR AMBULANCE SERVICE SHALL  FILE  ITS  SUBSCRIPTION  AGREEMENT
   49  FORMS  WITH THE SUPERINTENDENT IN CONNECTION WITH ITS APPLICATION OR ANY
   50  RENEWAL APPLICATION FOR AN AIR AMBULANCE  SERVICE  SUBSCRIPTION  CERTIF-
   51  ICATE.  AN  AIR AMBULANCE SERVICE THAT AMENDS ITS SUBSCRIPTION AGREEMENT
   52  FORMS SHALL FILE THE REVISED FORMS  WITH  THE  SUPERINTENDENT  PRIOR  TO
   53  USING THE FORMS IN THIS STATE, PROVIDED THAT WHERE THE AMENDMENTS TO THE
   54  FORMS  ARE  ONLY  TECHNICAL  OR  NON-SUBSTANTIATIVE,  THE  AIR AMBULANCE
   55  SERVICE MAY FILE THE REVISED FORMS AT OR BEFORE THE TIME IT  RENEWS  ITS
   56  AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
       A. 7821--C                          3
    1    (I)  THE  SUBSCRIPTION AGREEMENT FORMS SHALL: (1) EXPRESSLY STATE THAT
    2  THE SUBSCRIPTION IS NOT A GUARANTEE FOR THE PROVISION OF MEDICAL  TREAT-
    3  MENT OR TRANSPORT; (2) LIST THE CONDITIONS UNDER WHICH THE AIR AMBULANCE
    4  SERVICE  MAY  NOT  PROVIDE MEDICAL TREATMENT OR TRANSPORT; AND (3) STATE
    5  THAT  A SUBSCRIBER MAY FILE A COMPLAINT WITH THE DEPARTMENT, AND INCLUDE
    6  THE DEPARTMENT'S WEBSITE AND MAILING ADDRESS.
    7    (J) A SUBSCRIBER'S INSURER, WITH RESPECT TO A HEALTH INSURANCE  POLICY
    8  OR  CONTRACT  DELIVERED  OR ISSUED FOR DELIVERY IN THIS STATE, SHALL NOT
    9  TAKE INTO  CONSIDERATION  ANY  DISCOUNT  OR  FEE  WAIVER  GIVEN  TO  THE
   10  SUBSCRIBER  BY  THE  AIR  AMBULANCE SERVICE WHEN DETERMINING THE BENEFIT
   11  PAYABLE UNDER THE HEALTH INSURANCE POLICY OR CONTRACT FOR AIR  AMBULANCE
   12  SERVICES.
   13    (K) THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER OF HEALTH WHENEV-
   14  ER  THE  SUPERINTENDENT  ISSUES,  RENEWS,  REFUSES  TO RENEW, REVOKES OR
   15  SUSPENDS AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
   16    (L) THE SUPERINTENDENT MAY PROMULGATE  REGULATIONS  IMPLEMENTING  THIS
   17  SECTION.
   18    S  3.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.