S4712C-2011 Actions

• Jun 18, 2012: referred to insurance
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 14, 2012: ORDERED TO THIRD READING CAL.1256
• Jun 14, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 11, 2012: PRINT NUMBER 4712E
• Jun 11, 2012: AMEND (T) AND RECOMMIT TO INSURANCE
• Apr 19, 2012: PRINT NUMBER 4712D
• Apr 19, 2012: AMEND AND RECOMMIT TO INSURANCE
• Mar 6, 2012: PRINT NUMBER 4712C
• Mar 6, 2012: AMEND (T) AND RECOMMIT TO INSURANCE
• Jan 5, 2012: PRINT NUMBER 4712B
• Jan 5, 2012: AMEND AND RECOMMIT TO INSURANCE
• Jan 4, 2012: REFERRED TO INSURANCE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 20, 2011: referred to insurance
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: ORDERED TO THIRD READING CAL.1421
• Jun 20, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 7, 2011: PRINT NUMBER 4712A
• Jun 7, 2011: AMEND AND RECOMMIT TO INSURANCE
• Apr 15, 2011: REFERRED TO INSURANCE

S4712C-2011 Votes

S4712C-2011 Memo

BILL NUMBER:S4712C

TITLE OF BILL:
An act
to amend the insurance law, in relation to air ambulance subscription
services

PURPOSE:
To allow private air ambulance services to offer membership
subscriptions.

SUMMARY:
Section 1 amends section 1108 of the insurance law by adding a new
subsection (k) in order that an air ambulance service which complies
with section 2 of this bill, be added to the list of exemptions for
insurance licensure.

Section 2 adds a new section 1124 to the insurance law to set
parameters for air ambulance service subscription certificates.

Section 3 provides the enacting clause.

JUSTIFICATION:
In addition to the unique beauty New York State's broad and diverse
landscape provides, it also creates some vast rural areas that are
difficult to access. Recreational enthusiasts and residents in our
State's most rural areas enjoy the breadth of space but lack easy
access to major transportation routes. This can be especially
problematic in emergency situations.

Air ambulances are helicopters used in emergency medical situations
when a traditional ambulance cannot reach the scene or transport the
patient easily or quickly enough. Air ambulance crews are supplied
with equipment and professional training that enable them to provide
medical treatment to a critically injured or ill patient in flight.
With the use of helicopters, the professional pilots are able to get
the medical personnel to the patient more quickly and transport
patients to a hospital faster, therefore providing consistently
superior critical care.

Many of New York's most rural areas can be hours away from trauma
centers. One such area is northern New York. Five years ago, northern
New York lost the MEDEVAC services of the Military Assistance to
Safety and Traffic unit at Fort Drum in Jefferson County. Now air
ambulances come from Saranac Lake or Syracuse which severely
lengthens response times often having to stop for fuel- and are
weather dependent especially in the winter months.

Travel of traditional ambulances can be unpredictable and
inconsistent. Syracuse provides the closest level! trauma center to
the region which for some areas in northern New York can be 3 hours

by traditional ambulance in good conditions. Like other areas of the
State, the people and visitors of northern New York would greatly
benefit from the presence of a professional air ambulance team.

Lower call volume and the expense of running a full-time air ambulance
service, has made it difficult to attract companies to New York's
rural regions. By allowing air ambulance companies to solicit
membership subscriptions, we offer a way to mitigate the high cost of
doing business in New York.

Under current law, soliciting of membership subscriptions for air
ambulance services is considered a form of medical insurance.

Section 1108 of the insurance law includes a host of instances when
certain parties are exempt from licensing and other requirements to
add one additional exemption. The new subsection (k) exempts any
private air ambulance service that solicits membership subscriptions.

By enacting this legislation we recognize the need of rural
communities in New York to have fast, effective emergency medical
service. By attracting air ambulance companies to New York, we'll be
filling a need for medical transport and service that saves lives.

Furthermore, the legislation allows air ambulance companies to solicit
membership subscriptions and provides the additional service on an
unsubsidized, tax-free basis which eases the burden on rural
municipalities and their residents.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on ninetieth day after it shall have become
law.

S4712C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4712--C
 2011-2012 Regular Sessions
 I N  SENATE
 April 15, 2011
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Insurance  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to  said  committee  --  recommitted  to the Committee on Insurance in
 accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
 amended and recommitted to said committee
 AN  ACT  to  amend  the  insurance  law,  in  relation  to air ambulance
 subscription services
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  1108 of the insurance law is amended by adding a
 new subsection (k) to read as follows:

 (K) AN AIR AMBULANCE SERVICE THAT  HOLDS  A  VALID  AMBULANCE  SERVICE
 OPERATING  CERTIFICATE  ISSUED  BY  THE DEPARTMENT OF HEALTH PURSUANT TO
 SECTION THREE THOUSAND FIVE OF THE PUBLIC HEALTH LAW AND  THAT  COMPLIES
 WITH SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
 

S 2. The insurance law is amended by adding a new section 1124 to read
 as follows:

 

S  1124.  AIR  AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE. (A) AN AIR
 AMBULANCE SERVICE THAT HOLDS A VALID AMBULANCE SERVICE OPERATING CERTIF
 ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU
 SAND FIVE OF THE PUBLIC HEALTH LAW AND A  VALID  AIR  AMBULANCE  SERVICE
 SUBSCRIPTION  CERTIFICATE  ISSUED  BY  THE  SUPERINTENDENT  PURSUANT  TO
 SUBSECTION (B) OF THIS SECTION MAY ENTER INTO A  SUBSCRIPTION  AGREEMENT
 WITH  A  PERSON  OR OTHER ENTITY IN THIS STATE UNDER WHICH THE AIR AMBU
 LANCE SERVICE AGREES TO DISCOUNT OR WAIVE  ANY  PART  OF  ITS  FEES  FOR
 SERVICE  IN THE EVENT THAT THE AIR AMBULANCE SERVICE TRANSPORTS A PERSON
 BY AIRCRAFT TO, FROM OR BETWEEN GENERAL HOSPITALS OR OTHER  HEALTH  CARE
 FACILITIES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10652-16-2
 
       S. 4712--C                          2
 (B) THE SUPERINTENDENT MAY ISSUE AN AIR AMBULANCE SERVICE SUBSCRIPTION
 CERTIFICATE  TO  ANY  ENTITY THAT IS TRUSTWORTHY TO ACT IN SUCH CAPACITY
 AND THAT HAS COMPLIED WITH THE PREREQUISITES HEREIN PRESCRIBED. THE  AIR
 AMBULANCE  SERVICE MUST HOLD A VALID AMBULANCE SERVICE OPERATING CERTIF
 ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU
 SAND FIVE OF THE PUBLIC HEALTH LAW THAT AUTHORIZES THE AMBULANCE SERVICE
 TO  PROVIDE  SERVICES  BY  AIRCRAFT. THE AIR AMBULANCE SERVICE MUST ALSO
 OBTAIN, AND MAINTAIN THROUGHOUT THE TERM OF ITS  AIR  AMBULANCE  SERVICE
 SUBSCRIPTION  CERTIFICATE, A SURETY BOND ISSUED BY AN AUTHORIZED INSURER
 AND PAYABLE TO AIR AMBULANCE  SERVICE  SUBSCRIBERS  TO  REFUND  UNEARNED
 SUBSCRIPTION FEES PAID TO THE AIR AMBULANCE SERVICE.
 (C)  THE APPLICATION FOR AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIF
 ICATE SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN SUCH INFORMATION
 AS THE SUPERINTENDENT SHALL PRESCRIBE. THE AIR AMBULANCE  SERVICE  SHALL
 WITH  THE  SUBMISSION  OF  THE APPLICATION ALSO SUBMIT PROOF THAT IT HAS
 OBTAINED THE SURETY BOND REQUIRED IN SUBSECTION (B) OF THIS SECTION  AND
 A  COPY  OF  ITS  AMBULANCE  SERVICE OPERATING CERTIFICATE ISSUED BY THE
 DEPARTMENT OF HEALTH PURSUANT TO SECTION  THREE  THOUSAND  FIVE  OF  THE
 PUBLIC HEALTH LAW.
 (D)  AN  AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE SHALL BE VALID
 FOR A TERM OF TWO YEARS TO RUN CONCURRENTLY WITH, AND TERMINATE  ON  THE
 SAME  DATE AS, THE TERM OF THE AIR AMBULANCE SERVICE'S OPERATING CERTIF
 ICATE ISSUED BY THE DEPARTMENT OF HEALTH PURSUANT TO SECTION THREE THOU
 SAND FIVE OF THE PUBLIC HEALTH LAW. AT THE TIME OF APPLICATION FOR EVERY
 SUCH CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL  PAY
 TO THE SUPERINTENDENT THE SUM OF ONE THOUSAND DOLLARS.
 (E)  IF  AN  APPLICANT  FILES AN APPLICATION FOR A RENEWAL CERTIFICATE
 WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE,  THEN
 THE  CERTIFICATE  SOUGHT  TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
 EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OF  THE  RENEWAL
 CERTIFICATE  APPLIED  FOR  OR  UNTIL  FIVE DAYS AFTER THE SUPERINTENDENT
 SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE AS PROVIDED IN THIS
 SECTION.
 (F) THE SUPERINTENDENT MAY REFUSE TO RENEW, REVOKE, OR SUSPEND AN  AIR
 AMBULANCE  SERVICE SUBSCRIPTION CERTIFICATE FOR A PERIOD THE SUPERINTEN
 DENT DETERMINES, IF AFTER NOTICE AND HEARING, THE SUPERINTENDENT  DETER
 MINES  THAT  AN APPLICANT OR CERTIFICATE HOLDER HAS: (1) NOT OBTAINED OR
 MAINTAINED THE SURETY BOND REQUIRED BY SUBSECTION (B) OF THIS SECTION OR
 (2)  DEMONSTRATED  UNTRUSTWORTHINESS,  INCLUDING  HAVING  VIOLATED  THIS
 SECTION.
 (G)  THE  COMMISSIONER  OF  HEALTH SHALL IMMEDIATELY NOTIFY THE SUPER
 INTENDENT WHEN THE COMMISSIONER  HAS  REVOKED,  SUSPENDED,  LIMITED,  OR
 ANNULLED  AN  AIR  AMBULANCE SERVICE OPERATING CERTIFICATE. AN AIR AMBU
 LANCE SERVICE SUBSCRIPTION CERTIFICATE ISSUED PURSUANT TO  THIS  SECTION
 SHALL TERMINATE BY OPERATION OF LAW UPON THE EFFECTIVE DATE OF THE REVO
 CATION,  SUSPENSION, OR ANNULMENT OF THE AIR AMBULANCE SERVICE'S OPERAT
 ING CERTIFICATE BY THE COMMISSIONER.
 (H) AN AIR AMBULANCE SERVICE SHALL  FILE  ITS  SUBSCRIPTION  AGREEMENT
 FORMS  WITH THE SUPERINTENDENT IN CONNECTION WITH ITS APPLICATION OR ANY
 RENEWAL APPLICATION FOR AN AIR AMBULANCE  SERVICE  SUBSCRIPTION  CERTIF
 ICATE.  AN  AIR AMBULANCE SERVICE THAT AMENDS ITS SUBSCRIPTION AGREEMENT
 FORMS SHALL FILE THE REVISED FORMS  WITH  THE  SUPERINTENDENT  PRIOR  TO
 USING THE FORMS IN THIS STATE, PROVIDED THAT WHERE THE AMENDMENTS TO THE
 FORMS  ARE  ONLY  TECHNICAL  OR  NON-SUBSTANTIATIVE,  THE  AIR AMBULANCE
 SERVICE MAY FILE THE REVISED FORMS AT OR BEFORE THE TIME IT  RENEWS  ITS
 AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
 
       S. 4712--C                          3
 (I)  THE  SUBSCRIPTION AGREEMENT FORMS SHALL: (1) EXPRESSLY STATE THAT
 THE SUBSCRIPTION IS NOT A GUARANTEE FOR THE PROVISION OF MEDICAL  TREAT
 MENT OR TRANSPORT; (2) LIST THE CONDITIONS UNDER WHICH THE AIR AMBULANCE
 SERVICE  MAY  NOT  PROVIDE MEDICAL TREATMENT OR TRANSPORT; AND (3) STATE
 THAT  A SUBSCRIBER MAY FILE A COMPLAINT WITH THE DEPARTMENT, AND INCLUDE
 THE DEPARTMENT'S WEBSITE AND MAILING ADDRESS.
 (J) A SUBSCRIBER'S INSURER, WITH RESPECT TO A HEALTH INSURANCE  POLICY
 OR  CONTRACT  DELIVERED  OR ISSUED FOR DELIVERY IN THIS STATE, SHALL NOT
 TAKE INTO  CONSIDERATION  ANY  DISCOUNT  OR  FEE  WAIVER  GIVEN  TO  THE
 SUBSCRIBER  BY  THE  AIR  AMBULANCE SERVICE WHEN DETERMINING THE BENEFIT
 PAYABLE UNDER THE HEALTH INSURANCE POLICY OR CONTRACT FOR AIR  AMBULANCE
 SERVICES.
 (K) THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER OF HEALTH WHENEV
 ER  THE  SUPERINTENDENT  ISSUES,  RENEWS,  REFUSES  TO RENEW, REVOKES OR
 SUSPENDS AN AIR AMBULANCE SERVICE SUBSCRIPTION CERTIFICATE.
 (L) THE SUPERINTENDENT MAY PROMULGATE  REGULATIONS  IMPLEMENTING  THIS
 SECTION.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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