S T A T E   O F   N E W   Y O R K
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                                  11131

                          I N  A S S E M B L Y

                              May 19, 2010
                               ___________

Introduced  by M. of A. SILVER, MORELLE, GOTTFRIED, JOHN, MILLMAN, BREN-
  NAN, FARRELL, POWELL, LENTOL, GLICK, PHEFFER, WEINSTEIN -- Multi-Spon-
  sored by -- M. of A. ABBATE, AUBRY, BING, CAHILL,  CLARK,  CYMBROWITZ,
  DINOWITZ,  HEVESI,  JAFFEE,  KOON,  LANCMAN,  MAGEE,  MENG, O'DONNELL,
  PERRY, PRETLOW, ROSENTHAL, SCARBOROUGH, SKARTADOS, ZEBROWSKI  --  read
  once and referred to the Committee on Insurance

AN  ACT  to amend the insurance law, in relation to the definition of an
  independent worker and requirements for an eligible insurer's applica-
  tion

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

  Section 1. Paragraph 3 of subsection (b) of section 1123 of the insur-
ance  law,  as  added  by section 447 of the laws of 2009, is amended to
read as follows:
  (3) "Independent worker" means an individual who: (A) is an  independ-
ent  contractor;  (B) is self-employed; (C) works part-time; (D) obtains
temporary work through an employment agency; [or] (E) performs temporary
work for two or more employers simultaneously; (F) IS A  DOMESTIC  CHILD
CARE WORKER; OR (G) WORKS FULL-TIME FOR A SINGLE EMPLOYER ON A TEMPORARY
BASIS  FOR  A PERIOD NOT TO EXCEED EIGHTEEN MONTHS IF SUCH EMPLOYER DOES
NOT OFFER GROUP HEALTH INSURANCE COVERAGE TO EMPLOYEES EMPLOYED ON  SUCH
A  TEMPORARY  BASIS. An individual is not an independent worker if he or
she is employed full-time by a single employer, with the exception of an
individual who [obtains full-time temporary work through  an  employment
agency]  MEETS  THE REQUIREMENTS OF CLAUSE (D), (F) OR (G) OF THIS PARA-
GRAPH.
  S 2. Paragraph 3 of subsection (c) of section 1123  of  the  insurance
law,  as added by section 447 of the laws of 2009, is amended to read as
follows:
  (3) Any eligible insurer seeking the superintendent's  approval  under
paragraph  two  of this subsection shall submit a written request to the
superintendent within thirty days of the effective date of this section.
The eligible insurer's  application  shall:  specify  the  identity  and
composition  of  the  eligible  association,  the eligible association's

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

                                                           LBD17083-01-0

A. 11131                            2

membership rules AND ANY MEMBERSHIP FEES CHARGED BY THE ELIGIBLE ASSOCI-
ATION, and the terms under which  the  eligible  insurer  shall  provide
group health insurance to the eligible association; demonstrate that the
eligible  insurer and the eligible association meet the requirements set
forth in this section; and identify the group  health  insurance  policy
forms  that the eligible insurer will issue to the eligible association.
AN ELIGIBLE ASSOCIATION MAY CHARGE  INDIVIDUALS  REASONABLE  APPLICATION
AND/OR RENEWAL FEES FOR DETERMINING THE INDIVIDUAL'S INITIAL AND ONGOING
ELIGIBILITY  FOR GROUP HEALTH INSURANCE OBTAINED BY THE ELIGIBLE ASSOCI-
ATION UNDER THIS SECTION. The superintendent shall make a  determination
on  any  request within ninety days of receipt of all necessary informa-
tion.  The superintendent shall issue an approval to only  one  eligible
insurer.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 1123 of the insurance law made by sections one
and two of this act shall not affect the  repeal  of  such  section  and
shall be deemed repealed therewith.