S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2578--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. STECK, SKOUFIS, SOLAGES, BENEDETTO -- Multi-Spon-
   sored  by  --  M.    of A. ARROYO, BARRETT, BLAKE, BRINDISI, BUCHWALD,
   ENGLEBRIGHT, FAHY, GALEF, GIGLIO, GOTTFRIED, GUNTHER, HAWLEY,  HEVESI,
   HOOPER,  JAFFEE,  LIFTON,  LUPARDO, MONTESANO, MOSLEY, PEOPLES-STOKES,
   RAIA, STIRPE, WALSH, WOERNER, ZEBROWSKI -- read once and  referred  to
   the  Committee  on Insurance -- recommitted to the Committee on Insur-
   ance  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT authorizing municipalities to join a county self-funded or self-
   insured health plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding articles 44 or 47 of the insurance law or
 any other provision of law to the contrary, and subject to the  require-
 ments  set  forth in this section, a municipality is permitted, with the
 consent of the county and the governing body of  such  municipality,  to
 join  a  county self-funded or self-insured health plan in any county in
 which such municipality is located in whole or in part. Municipality  is
 defined as any city, town, village or any other municipal corporation, a
 school  district  or  any governmental entity operating a public school,
 college or university, a  public  improvement  or  special  district,  a
 public  authority,  commission,  or  public  benefit corporation, or any
 other public corporation, agency or instrumentality or unit  of  govern-
 ment which exercises governmental powers under the laws of the state but
 is  not  a  part of, nor a department of, nor an agency of the state. In
 order for a municipality to join the county self-funded or  self-insured
 health  plan, the county shall file with the superintendent of financial
 services certification that, with inclusion of the lives to  be  covered
 in  the  plan  following admission of the municipality, the county self-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07657-02-8
              

 A. 2578--A                          2
 
 funded or self-insured health plan meets  the  following  four  require-
 ments:
   (a)  That  it  maintain  a reserve fund, calculated as a percentage of
 total annual incurred claims, of a minimum of 13% and a maximum  of  15%
 of medical claims and a minimum of 4% of prescription claims.
   (b)  It  has in effect a specific stop loss per individual claim only,
 no aggregate, and with a minimum deductible of $200,000 to $250,000.
   (c) It has a minimum of 1,000 covered lives  including  retirees,  but
 not including dependents.
   (d) The plan has in effect an agreement between itself and any munici-
 palities  that  have  joined  the  plan such that the plan satisfies the
 contingent liability provisions set forth in section 4708 of the  insur-
 ance law.
   The  superintendent  of financial services shall have the authority to
 review such certification to  determine  that  the  four  aforementioned
 requirements  have been met; provided, however, that in the absence of a
 finding of the superintendent to the contrary within a six-month  period
 following the filing of such certification, the admission of the munici-
 pality  to the county self-funded or self-insured health plan shall take
 effect. In January of every year following the initial  filing  of  such
 certification, the county shall file a subsequent certification that the
 four aforementioned requirements remain in full force and effect.
   § 2. This act shall take effect immediately.