S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4303

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of A. CANESTRARI, GOTTFRIED, GREENE, REILLY, CUSICK,
  HIKIND -- Multi-Sponsored by -- M. of A. BENEDETTO, COLTON,  DelMONTE,
  FARRELL,  JAFFEE,  JOHN, KOON, LANCMAN, MAISEL, MARKEY, McENENY, MILL-
  MAN, SWEENEY, WEINSTEIN -- read once and referred to the Committee  on
  Higher Education

AN  ACT to amend the education law and the insurance law, in relation to
  requiring that full-time students enrolled in institutions  of  higher
  education maintain health insurance coverage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  239-a
to read as follows:
  S  239-A.  MAINTENANCE OF HEALTH INSURANCE. 1. EVERY FULL-TIME STUDENT
AT A PUBLIC OR PRIVATE INSTITUTION OF HIGHER  EDUCATION  IN  THIS  STATE
MUST  PROVIDE  EVIDENCE OF HEALTH INSURANCE IN ORDER TO ENROLL AND BEGIN
CLASSES. FOR THE  PURPOSES  OF  THIS  SECTION,  "FULL-TIME"  SHALL  MEAN
STUDENTS  ENROLLED  FOR TWELVE OR MORE CREDIT HOURS PER SEMESTER, OR THE
PROPORTIONAL  EQUIVALENT  FOR  TRIMESTERS,  SUMMER  SESSIONS  OR   OTHER
NON-SEMESTER SCHEDULES.
  2.  EACH  PUBLIC  AND  PRIVATE INSTITUTION OF HIGHER EDUCATION IN THIS
STATE SHALL MAKE ARRANGEMENTS WITH ONE OR MORE INSURERS OR HEALTH  MAIN-
TENANCE  ORGANIZATIONS  TO  MAKE  AVAILABLE HEALTH INSURANCE COVERAGE TO
THEIR FULL-TIME STUDENTS, INCLUDING BUT NOT LIMITED TO GROUP POLICIES, A
STUDENT POLICY ISSUED PURSUANT TO ARTICLE FORTY-THREE OF  THE  INSURANCE
LAW,  OR  A BLANKET STUDENT ACCIDENT, BLANKET STUDENT HEALTH, OR BLANKET
STUDENT ACCIDENT AND HEALTH INSURANCE  POLICY.  THE  INSURANCE  COVERAGE
SHALL BEGIN ON A DATE IN AUGUST OF EACH YEAR AS SELECTED BY THE INSTITU-
TION AND SHALL BE EFFECTIVE FOR A CONTINUOUS TWELVE MONTH PERIOD INCLUD-
ING  WHEN CLASSES ARE NOT IN SESSION, EXCEPT THAT STUDENTS ENROLLING FOR
A SEMESTER WHICH BEGINS IN JANUARY OR ANOTHER  MID-YEAR  DATE  MAY  HAVE
COVERAGE  BEGIN WHEN THAT SEMESTER BEGINS AND SUCH COVERAGE SHALL BE FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02668-01-9
              

A. 4303                             2

THE PERIOD REMAINING BEFORE THE AUGUST POLICY RENEWAL DATE.  NO INSTITU-
TION OF HIGHER EDUCATION SHALL BE LIABLE OR OTHERWISE RESPONSIBLE IN THE
EVENT THE COVERAGE IS NOT IN EFFECT, AND THE INSTITUTION SHALL  HAVE  NO
RESPONSIBILITY FOR ASSURING COMPLIANCE, COVERAGE OR PAYMENTS FOR MEDICAL
CARE,  OTHER  THAN TO COLLECT AND MAINTAIN THE DOCUMENTATION OF COVERAGE
REQUIRED BY THIS SUBDIVISION IN ORDER TO ENROLL AND BEGIN CLASSES.
  3. THE COVERED BENEFITS NECESSARY TO SATISFY THE REQUIREMENTS OF  THIS
SECTION  SHALL BE ANY POLICY ISSUED BY A HEALTH MAINTENANCE ORGANIZATION
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR ANY
POLICY PROVIDING AT LEAST  BASIC  HOSPITAL,  BASIC  MEDICAL,  AND  MAJOR
MEDICAL  INSURANCE AS ISSUED BY AN INSURER PURSUANT TO ARTICLE FORTY-TWO
OR FORTY-THREE OF THE INSURANCE LAW,  WHICH  SHALL  INCLUDE  THE  MENTAL
HEALTH  BENEFITS  REQUIRED  BY  CHAPTER SEVEN HUNDRED FORTY-EIGHT OF THE
LAWS OF TWO THOUSAND SIX. THE COVERED BENEFITS MUST INCLUDE PRESCRIPTION
DRUGS.
  4. ANY PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION IN THE  STATE
SHALL  ALLOW  STUDENTS TO SATISFY THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION BY DOCUMENTING THAT THEY ARE COVERED UNDER ANOTHER COMPARA-
BLE HEALTH INSURANCE POLICY, SUCH AS WHEN THEY ARE A  COVERED  DEPENDENT
ON A PARENT'S OR SPOUSE'S COVERAGE. DOCUMENTATION SHALL BE SUFFICIENT IF
THE SUBSCRIBER OR PERSON TO WHOM THE CONTRACT OR CERTIFICATE OF COVERAGE
IS  ISSUED  SIGNS A CERTIFICATION FORM PROVIDED BY THE PUBLIC OR PRIVATE
INSTITUTION OF HIGHER EDUCATION WHICH STATES THAT THE ALTERNATIVE COVER-
AGE IS IN EFFECT, IS COMPARABLE, AND PROVIDES THE INSTITUTION OF  HIGHER
EDUCATION  WITH  A COPY OF THE IDENTIFICATION CARD OR SIMILAR DOCUMENTA-
TION THAT THE STUDENT IS COVERED UNDER  THAT  POLICY  OR  BENEFIT  PLAN.
NOTWITHSTANDING ANY PROVISION IN SUBDIVISION TWO OF THIS SECTION, COVER-
AGE  AS  A DEPENDENT MAY TERMINATE FOLLOWING GRADUATION, PURSUANT TO THE
TERMS OF THE POLICY FORM OR CERTIFICATE ISSUED TO THE PARENT OR  SPOUSE.
A  HEALTH SAVINGS ACCOUNT, A SELF-INSURED ARRANGEMENT PROVIDING BENEFITS
SIMILAR TO THE INSURANCE BENEFITS  DESCRIBED  IN  THIS  SUBDIVISION,  OR
COVERAGE PURSUANT TO MEDICARE, MEDICAID, FAMILY HEALTH PLUS OR ANY OTHER
SIMILAR GOVERNMENT PROGRAM, SHALL BE DEEMED SATISFACTORY.
  5. THE SUPERINTENDENT OF INSURANCE SHALL PROVIDE THE COMMISSIONER WITH
INFORMATION  REGARDING THE NAMES AND CONTACT INFORMATION OF INSURERS AND
HEALTH MAINTENANCE ORGANIZATIONS KNOWN TO BE OFFERING SUCH  COVERAGE  IN
THIS  STATE,  AND  WITH  INFORMATION  REGARDING  TYPES OF COVERAGE WHICH
SATISFY THE REQUIREMENTS OF THIS SECTION. THE SUPERINTENDENT SHALL  ALSO
PROVIDE  A  MODEL  SIMPLE  WAIVER FORM FOR USE IN DOCUMENTING COMPARABLE
COVERAGE FROM ANOTHER SOURCE. THE COMMISSIONER, AFTER CONSULTATION  WITH
THE SUPERINTENDENT, IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT
THIS  SECTION IF THE COMMISSIONER DETERMINES THAT REGULATIONS ARE NECES-
SARY OR WILL CONVENIENTLY FACILITATE THE IMPLEMENTATION OF THIS SECTION.
  S 2. Paragraph 1 of subsection (c) of section 4235  of  the  insurance
law is amended by adding a new subparagraph (O) to read as follows:
  (O)  A  POLICY  ISSUED TO ONE OR MORE COLLEGES OR UNIVERSITIES FOR THE
PURPOSE OF PROVIDING THE COVERAGE REQUIRED BY SECTION TWO HUNDRED  THIR-
TY-NINE-A OF THE EDUCATION LAW. PREMIUMS FOR SUCH COLLEGES AND UNIVERSI-
TIES PURSUANT TO THAT POLICY MAY BE DETERMINED COLLECTIVELY BASED ON THE
CLAIMS EXPERIENCE OF ALL SUCH COLLEGES OR UNIVERSITIES.
  S  3. This act shall take effect one year after it shall have become a
law and shall apply to semesters, trimesters, summer sessions  or  other
academic units which begin after such date.