§ 221-b. Health insurance for trainers. 1. A franchised corporation
shall, as a condition of racing, establish a program to administer the
purchase of health insurance for eligible trainers. Such program shall
be funded through the deposit of up to three percent of the gross purse
enhancement amount from video lottery gaming at a thoroughbred track
pursuant to paragraph two of subdivision b and paragraph one of
subdivision f of section sixteen hundred twelve of the tax law. The
franchised corporation shall establish a segregated account for the
receipt of such monies and such monies shall remain separate from any
other funds. The franchised corporation licensed pursuant to this
article shall pay into such account any amount due within ten days of
the receipt of revenue pursuant to section sixteen hundred twelve of the
tax law. Any portion of such funding to the account unused during a
calendar year, less an amount sufficient to cover anticipated premium
liabilities over the next sixty days, shall be returned on a pro rata
basis in accordance with the amounts originally contributed and shall be
used for the purpose of enhancing purses at such tracks. Provided,
however, if the franchised corporation licensed pursuant to this article
provides an alternative source of funding for such program, an amount
equal to this alternative funding, but not in excess of the amount
originally contributed during the year from the gross purse enhancement
amount from video lottery gaming attributable to the franchised
corporation, shall be returned to the franchised corporation and used
for the purpose of enhancing purses at such track. Provided, further,
any such alternative source of funding shall be approved by the gaming
commission.

2. The franchised corporation shall enter into a memorandum of
understanding with the horsemen's organization representing at least
fifty-one percent of the owners and trainers utilizing the facilities of
such franchised corporation for a plan of operation of the program,
provided that such memorandum of understanding shall be approved by the
gaming commission upon a determination that such memorandum of
understanding meets the statutory requirements of this section and is in
the best interest of racing and shall include, but not be limited to,
the following conditions:

a. health insurance policies shall be purchased on an American health
benefit exchange established pursuant to 42 U.S.C. § 18031(b) by the
insured;

b. health insurance policies eligible to be purchased under the
program shall be any policy that is silver level of coverage or lower as
defined by 42 U.S.C. § 18022(d). Provided, however, the insured may
elect to purchase a gold level or platinum level of coverage as defined
by 42 U.S.C. § 18022(d) if the insured pays the difference in premiums
between such policy and the premium for the silver level policy offered
by the same insurer. Such payments shall be paid into the account
established in subdivision one of this section and shall be governed by
the terms of the memorandum of understanding required by this section;

c. notwithstanding the conditions set forth in paragraphs a and b of
this subdivision, a memorandum of understanding with the horsemen's
organization representing at least fifty-one percent of the owners and
trainers utilizing the facilities of such franchised corporation may be
approved by the commission upon a determination that such memorandum of
understanding is in the best interest of racing that creates a trainer
health trust to be administered by the franchised corporation for the
purpose of obtaining trainers health benefits from a health insurance
provider that covers trainers and their dependents with a health
insurance policy that is not purchased on an American health benefit
exchange established pursuant to 42 U.S.C. § 18031(b) but does provide
silver level coverage or lower as defined by 42 U.S.C. § 18022(d);

d. the payment of premiums pursuant to this section shall be made on
behalf of eligible trainers pursuant to paragraph e of this subdivision
by the franchised corporation from monies in the account established in
subdivision one of this section directly to the health plan selected
pursuant to paragraph b or c of this subdivision;

e. to be eligible to receive health insurance through this program, an
individual shall have started at least forty-three races conducted by
the franchised corporation during the prior calendar year and at least
sixty percent of the trainer's total amount of starts occurred at the
franchised corporation during the prior calendar year; and

f. the gaming commission shall have the following powers:

(i) to rule on eligibility in the event of a denial of coverage
pursuant to paragraph e of this subdivision. In the event of a denial of
coverage, such individual trainer that was denied eligibility may appeal
to the gaming commission;

(ii) to make a determination if an individual would have qualified
pursuant to paragraph e of this subdivision; and

(iii) to audit the books and records of the program.