S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1224
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to blanket group accident
   and health insurance coverage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subsection (a)  of  section  4237  of  the  insurance  law,
 subparagraph (C) of paragraph 3 as amended by chapter 461 of the laws of
 2015,  clause  (iii)  of  subparagraph  (C) of paragraph 3 as amended by
 section 2 of subpart K of part XX of chapter 55 of  the  laws  of  2020,
 clause  (iii)  of  subparagraph (D) of paragraph 3 as amended by chapter
 476 of the laws of 2018 and subparagraph (F) of paragraph 3  as  amended
 by chapter 369 of the laws of 1985, is amended to read as follows:
   (a)  (1)  Any  policy or contract of insurance against death or injury
 resulting from accident which insures a group of persons  conforming  to
 the  requirements  of  one of the subparagraphs (A) through [(F)] (M) of
 paragraph three hereof shall be deemed a blanket accident policy.
   (2) Any policy or contract which insures a group of persons conforming
 to the requirements of subparagraph (C), (E) or [(F)] (M)  of  paragraph
 three  hereof  against total or partial disability, excluding such disa-
 bility from accident, shall be deemed a blanket health insurance policy.
   (3) Any policy or contract of insurance which combines the coverage of
 blanket accident insurance and of blanket health  insurance  on  such  a
 group of persons shall be deemed a blanket accident and health insurance
 policy:
   (A)  Under  a  policy  or  contract issued to any railroad, steamship,
 motorbus or airplane carrier of passengers OR OWNER, OPERATOR OR  LESSEE
 OF  ANY MEANS OF TRANSPORTATION, which shall be deemed the policyholder,
 a group defined as all persons who may become  such  passengers  may  be
 insured  against death or bodily injury either while, or as a result of,
 being such passengers.

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

                                                            LBD01230-01-1

 A. 1224                             2
 
   (B) Under a policy or contract issued to an  employer,  who  shall  be
 deemed  the  policyholder,  covering  any  group of employees defined by
 reference to [exceptional] hazards  incident  to  [such  employment]  AN
 ACTIVITY,  ACTIVITIES,  OR OPERATIONS OF THE POLICYHOLDER, insuring such
 employee  against death or bodily injury resulting while, or from, being
 exposed to such [exceptional] hazards. DEPENDENTS OF  THE  EMPLOYEE  AND
 GUESTS  OF  THE EMPLOYER OR EMPLOYEES MAY ALSO BE INCLUDED WHERE EXPOSED
 TO THE SAME HAZARDS.
   (C) Under a policy or contract issued  to  an  institution  of  higher
 education,  as  defined in the higher education act of 1965, 20 U.S.C. §
 1001, other school, or other institution of learning or to the  head  or
 principal  thereof,  who  or  which  shall  be  deemed the policyholder,
 provided, with respect to a policy or contract issued to an  institution
 of  higher  education,  the  policy  or  contract  shall  be a policy or
 contract:
   (i) of hospital, medical, or surgical expense insurance that meets the
 requirements of section three thousand two hundred forty of  this  chap-
 ter;
   (ii) that provides limited scope dental or vision 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); or
   (iii) as described in item (ii), (iii) or (iv) of subparagraph (B)  of
 paragraph  one  of  subsection (a) of section three thousand two hundred
 forty of this chapter.
   (D) Under a policy or contract issued in the name of
   (i) any county, city, town, village or fire district,
   (ii) any duly organized fire department, or fire company, of any  such
 municipal  corporation  or  fire  district, FIRST AID, CIVIL DEFENSE, OR
 OTHER SUCH GROUP, whether or not any such corporation has been  incorpo-
 rated under any general or special law,
   (iii)  any  fire  corporation  incorporated  under  or  subject to the
 provisions of section one thousand four hundred two of the  not-for-pro-
 fit  corporation law, or any general or special law, if such corporation
 is by law under the general control of, or recognized as a  fire  corpo-
 ration  by,  the  governing  board  of  a  city,  town,  village or fire
 district, which municipal corporation, fire district,  fire  department,
 fire  company  or  fire corporation, as the case may be, shall be deemed
 the policyholder, covering all, but not less than twenty-five, volunteer
 members of such department, company or corporation.  A  district  corpo-
 ration  which  has the general powers of and operates as a fire district
 shall be considered a fire district for the purposes of this  paragraph.
 A volunteer firefighter whose services are offered and accepted pursuant
 to the provisions of section two hundred nine-i of the general municipal
 law shall be deemed a volunteer member of any such fire department, fire
 company  or  fire  corporation except for the purpose of determining the
 minimum number of twenty-five volunteer members for which any such poli-
 cy or contract must provide coverage. Any such policy or contract issued
 to a municipal corporation or a fire district shall be  subject  to  any
 limitations  on the amount, coverage or benefits as are set forth in any
 applicable general, special or local law or city or village charter.
   (E) Under a policy or contract issued to and in the name of an  incor-
 porated  or unincorporated association of persons having a common inter-
 est or calling, which association  shall  be  deemed  the  policyholder,
 having  not  less  than  fifty members, covering all OR ANY GROUP OF the
 members of such association or if part or all of the premium  is  to  be
 derived  from funds contributed by the insured members and if the oppor-

 A. 1224                             3

 tunity to take such insurance is offered to all eligible  members,  then
 such  policy  must cover not less than seventy-five percent of any class
 or classes of members determined by conditions pertaining to  membership
 in the association.
   (F) UNDER A POLICY OR CONTRACT ISSUED TO A SPORTS TEAM OR TO A CAMP OR
 SPONSOR THEREOF, WHICH TEAM, CAMP OR SPONSOR SHALL BE DEEMED THE POLICY-
 HOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, VOLUNTEERS, SUPERVISORS OR
 OFFICIALS.
   (G)  UNDER A POLICY OR CONTRACT ISSUED TO ANY INCORPORATED OR UNINCOR-
 PORATED RELIGIOUS, CHARITABLE, RECREATIONAL, EDUCATIONAL OR CIVIC ORGAN-
 IZATION, OR BRANCH THEREOF, WHICH ORGANIZATION SHALL BE DEEMED THE POLI-
 CYHOLDER, COVERING ANY GROUP OF  MEMBERS,  PARTICIPANTS,  OR  VOLUNTEERS
 DEFINED  BY  REFERENCE TO HAZARDS INCIDENT TO ANY ACTIVITY OR ACTIVITIES
 OR OPERATIONS SPONSORED OR SUPERVISED BY OR  ON  THE  PREMISES  OF  SUCH
 POLICYHOLDER.
   (H)  UNDER  A POLICY OR CONTRACT ISSUED TO A RESTAURANT, HOTEL, MOTEL,
 RESORT, OR INNKEEPER, WHICH SHALL BE DEEMED THE  POLICYHOLDER,  COVERING
 PATRONS OR GUESTS.
   (I)  UNDER  A POLICY OR CONTRACT ISSUED TO A BANK, ASSOCIATION, FINAN-
 CIAL OR OTHER INSTITUTION, VENDOR, OR TO A PARENT HOLDING COMPANY, OR TO
 THE TRUSTEE, TRUSTEES OR AGENT DESIGNATED BY ONE OR MORE BANKS,  ASSOCI-
 ATIONS,  FINANCIAL  OR  OTHER  INSTITUTIONS,  OR VENDORS, WHICH SHALL BE
 DEEMED THE POLICYHOLDER, COVERING ACCOUNTHOLDERS, DEBTORS, GUARANTORS OR
 PURCHASERS.
   (J) UNDER A POLICY OR CONTRACT ISSUED TO  A  TRAVEL  AGENCY  OR  OTHER
 ORGANIZATION  THAT  PROVIDES  TRAVEL  RELATED  SERVICES, WHICH AGENCY OR
 ORGANIZATION SHALL BE DEEMED THE POLICYHOLDER, TO COVER ALL OR ANY GROUP
 OF PERSONS FOR WHOM TRAVEL RELATED SERVICES ARE PROVIDED.
   (K) AN ENTERTAINMENT, THEATER, ARTS OR  EVENT  PRODUCTION  COMPANY  OR
 ORGANIZATION,  WHICH  SHALL  BE DEEMED THE POLICYHOLDER, COVERING ALL OR
 ANY GROUP OF PARTICIPANTS, VOLUNTEERS,  AUDIENCE  MEMBERS,  CONTESTANTS,
 EMPLOYEES  OR WORKERS ENGAGED IN ANY ACTIVITY, ACTIVITIES, OR OPERATIONS
 OF THE POLICYHOLDER.
   (L) UNDER A POLICY OR CONTRACT ISSUED TO AN  ESTABLISHED  ORGANIZATION
 WHETHER  INCORPORATED  OR NOT, HAVING COMMUNITY RECOGNITION AND OPERATED
 FOR THE WELFARE OF THE COMMUNITY AND ITS MEMBERS  AND  NOT  FOR  PROFIT,
 WHICH  SHALL BE DEEMED THE POLICYHOLDER AND COVERING ALL VOLUNTEER WORK-
 ERS WHO SERVE WITHOUT PECUNIARY COMPENSATION  AND  THE  MEMBERS  OF  THE
 ORGANIZATION AGAINST LOSS FROM ACCIDENTS THAT OCCUR WHILE ENGAGED IN THE
 ACTUAL PERFORMANCE OF DUTIES ON BEHALF OF SUCH ORGANIZATION OR IN ACTIV-
 ITIES THEREOF.
   (M)  Under  a  policy  or  contract  issued  to  insure; (i) any other
 [substantially similar group] RISK OR CLASS OF  RISKS  approved  by  the
 superintendent  as  eligible  for insurance under a blanket accident and
 health insurance policy or contract; THE DISCRETION OF  THE  SUPERINTEN-
 DENT MAY  BE EXERCISED ON AN INDIVIDUAL RISK BASIS OR CLASS OF RISKS, OR
 BOTH;  or  (ii)  any  other  group approved by the superintendent upon a
 finding that: (I) there is a common enterprise  or  economic  or  social
 affinity  or  relationship;  (II) the premiums charged are reasonable in
 relation to the benefits provided; and (III) the issuance of the  policy
 would  result  in  economies  of acquisition or administration, would be
 actuarially sound, and would not be contrary to the best interest of the
 public. The superintendent shall promulgate  regulations  setting  forth
 any  such  groups that have been accepted as qualifying pursuant to this
 subparagraph.
   § 2. This act shall take effect immediately.