N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 221-b: Health insurance for trainers

§ 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.