S T A T E   O F   N E W   Y O R K
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                                  7105

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Insurance

AN ACT to amend the insurance law, in relation to blanket group accident
  and health insurance coverage

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

  Section 1. Subsection (a)  of  section  4237  of  the  insurance  law,
subparagraph (F) of paragraph 3 as amended by chapter 369 of the laws of
1985, is amended to read as follows:
  (a)  (1)  Any  policy or contract of insurance against death or injury
resulting from accident which insures a group of persons  conforming  to
the  requirements  of  one of the subparagraphs (A) through [(F)] (M) of
paragraph three hereof shall be deemed a blanket accident policy.
  (2) Any policy or contract which insures a group of persons conforming
to the requirements of subparagraph (C), (E) or [(F)] (M)  of  paragraph
three  hereof  against total or partial disability, excluding such disa-
bility from accident, shall be deemed a blanket health insurance policy.
  (3) Any policy or contract of insurance which combines the coverage of
blanket accident insurance and of blanket health  insurance  on  such  a
group of persons shall be deemed a blanket accident and health insurance
policy:
  (A)  Under  a  policy  or  contract issued to any railroad, steamship,
motorbus or airplane carrier of passengers OR OWNER, OPERATOR OR  LESSEE
OF  ANY MEANS OF TRANSPORTATION, which shall be deemed the policyholder,
a group defined as all persons who may become  such  passengers  may  be
insured  against death or bodily injury either while, or as a result of,
being such passengers.
  (B) Under a policy or contract issued to an  employer,  who  shall  be
deemed  the  policyholder,  covering  any  group of employees defined by
reference to [exceptional] hazards  incident  to  [such  employment]  AN
ACTIVITY,  ACTIVITIES,  OR OPERATIONS OF THE POLICYHOLDER, insuring such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-03-5
              

A. 7105                             2

employee against death or bodily injury resulting while, or from,  being
exposed  to  such [exceptional] hazards.  DEPENDENTS OF THE EMPLOYEE AND
GUESTS OF THE EMPLOYER OR EMPLOYEES MAY ALSO BE INCLUDED  WHERE  EXPOSED
TO THE SAME HAZARDS.
  (C)  Under  a policy or contract issued to a college, school, or other
institution of learning or to the head  or  principal  thereof,  who  or
which shall be deemed the policyholder.
  (D) Under a policy or contract issued in the name of
  (i) any county, city, town, village or fire district,
  (ii)  any duly organized fire department, or fire company, of any such
municipal corporation or fire district, FIRST  AID,  CIVIL  DEFENSE,  OR
OTHER  SUCH  GROUP whether or not any such corporation has been incorpo-
rated under any general or special law,
  (iii) any fire  corporation  incorporated  under  or  subject  to  the
provisions  of section one thousand four hundred two of the not-for-pro-
fit corporation law, or any general or special law, if such  corporation
is  by  law under the general control of, or recognized as a fire corpo-
ration by, the  governing  board  of  a  city,  town,  village  or  fire
district,  which  municipal corporation, fire district, fire department,
fire company or fire corporation, as the case may be,  shall  be  deemed
the policyholder, covering all, but not less than twenty-five, volunteer
members  of  such  department, company or corporation. A district corpo-
ration which has the general powers of and operates as a  fire  district
shall  be considered a fire district for the purposes of this paragraph.
A volunteer fireman whose services are offered and accepted pursuant  to
the  provisions  of  section two hundred nine-i of the general municipal
law shall be deemed a volunteer member of any such fire department, fire
company or fire corporation except for the purpose  of  determining  the
minimum number of twenty-five volunteer members for which any such poli-
cy or contract must provide coverage. Any such policy or contract issued
to  a  municipal  corporation or a fire district shall be subject to any
limitations on the amount, coverage or benefits as are set forth in  any
applicable general, special or local law or city or village charter.
  (E)  Under a policy or contract issued to and in the name of an incor-
porated or unincorporated association of persons having a common  inter-
est  or  calling,  which  association  shall be deemed the policyholder,
having not less than fifty members, covering all OR  ANY  GROUP  OF  the
members  of  such  association or if part or all of the premium is to be
derived from funds contributed by the insured members and if the  oppor-
tunity  to  take such insurance is offered to all eligible members, then
such policy must cover not less than seventy-five percent of  any  class
or  classes of members determined by conditions pertaining to membership
in the association.
  (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR
SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY-
HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR
OFFICIALS.
  (G) UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR  UNINCOR-
PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN-
IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI-
CYHOLDER,  COVERING  ANY  GROUP  OF MEMBERS, PARTICIPANTS, OR VOLUNTEERS
DEFINED BY REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY  OR  ACTIVITIES
OR  OPERATIONS  SPONSORED  OR  SUPERVISED  BY OR ON THE PREMISES OF SUCH
POLICYHOLDER.

A. 7105                             3

  (H) UNDER A POLICY OR CONTRACT ISSUED TO A RESTAURANT,  HOTEL,  MOTEL,
RESORT,  OR  INNKEEPER, WHICH SHALL BE DEEMED THE POLICYHOLDER, COVERING
PATRONS OR GUESTS.
  (I)  UNDER  A POLICY OR CONTRACT ISSUED TO A BANK, ASSOCIATION, FINAN-
CIAL OR OTHER INSTITUTION, VENDOR, OR TO A PARENT HOLDING COMPANY, OR TO
THE TRUSTEE, TRUSTEES OR AGENT DESIGNATED BY ONE OR MORE BANKS,  ASSOCI-
ATIONS,  FINANCIAL  OR  OTHER  INSTITUTIONS,  OR VENDORS, WHICH SHALL BE
DEEMED THE POLICYHOLDER, COVERING ACCOUNTHOLDERS, DEBTORS, GUARANTORS OR
PURCHASERS.
  (J) UNDER A POLICY OR CONTRACT ISSUED TO  A  TRAVEL  AGENCY  OR  OTHER
ORGANIZATION  THAT  PROVIDES  TRAVEL  RELATED  SERVICES, WHICH AGENCY OR
ORGANIZATION SHALL BE DEEMED THE POLICYHOLDER, TO COVER ALL OR ANY GROUP
OF PERSONS FOR WHOM TRAVEL RELATED SERVICES ARE PROVIDED.
  (K) AN ENTERTAINMENT, THEATER, ARTS OR  EVENT  PRODUCTION  COMPANY  OR
ORGANIZATION,  WHICH  SHALL  BE DEEMED THE POLICYHOLDER, COVERING ALL OR
ANY GROUP OF PARTICIPANTS, VOLUNTEERS,  AUDIENCE  MEMBERS,  CONTESTANTS,
EMPLOYEES  OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR OPERATIONS
OF THE POLICYHOLDER.
  (L) UNDER A POLICY OR CONTRACT ISSUED TO AN  ESTABLISHED  ORGANIZATION
WHETHER  INCORPORATED  OR NOT, HAVING COMMUNITY RECOGNITION AND OPERATED
FOR THE WELFARE OF THE COMMUNITY AND ITS MEMBERS  AND  NOT  FOR  PROFIT,
WHICH  SHALL BE DEEMED THE POLICYHOLDER AND COVERING ALL VOLUNTEER WORK-
ERS WHO SERVE WITHOUT PECUNIARY COMPENSATION  AND  THE  MEMBERS  OF  THE
ORGANIZATION AGAINST LOSS FROM ACCIDENTS THAT OCCUR WHILE ENGAGED IN THE
ACTUAL PERFORMANCE OF DUTIES ON BEHALF OF SUCH ORGANIZATION OR IN ACTIV-
ITIES THEREOF.
  (M)  Under  a  policy  or  contract  issued  to  insure; (i) any other
[substantially similar group] RISK OR CLASS OF  RISKS  approved  by  the
superintendent  as  eligible  for insurance under a blanket accident and
health insurance policy or contract; THE DISCRETION OF  THE  SUPERINTEN-
DENT  MAY BE EXERCISED ON AN INDIVIDUAL RISK BASIS OR CLASS OF RISKS, OR
BOTH; or (ii) any other group approved  by  the  superintendent  upon  a
finding  that:  (I)  there  is a common enterprise or economic or social
affinity or relationship; (II) the premiums charged  are  reasonable  in
relation  to the benefits provided; and (III) the issuance of the policy
would result in economies of acquisition  or  administration,  would  be
actuarially sound, and would not be contrary to the best interest of the
public.  The  superintendent  shall promulgate regulations setting forth
any such groups that have been accepted as qualifying pursuant  to  this
subparagraph.
  S 2. This act shall take effect immediately.