S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11192
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16270-01-8

 A. 11192                            2
 
 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.