§ 221-A — Health insurance for jockeys

§ 221-a. Health insurance for jockeys. 1. a. A franchised corporation\nshall, as a condition of racing, establish a program to administer the\npurchase of health insurance for eligible jockeys.\n Such program shall be funded through the deposit of one and one-half\npercent of the gross purse enhancement amount from video lottery gaming\nat a thoroughbred track pursuant to paragraph two of subdivision b and\nparagraph one of subdivision f of section sixteen hundred twelve of the\ntax law. The franchised corporation shall establish a segregated account\nfor the receipt of these monies and these monies shall remain separate\nfrom any other funds. Any corporation or association licensed pursuant\nto this article shall pay into such account any amount due within ten\ndays of the receipt of revenue pursuant to section sixteen hundred\ntwelve of the tax law.\n b. Any portion of such funding to the account, outlined in paragraph a\nof this subdivision, unused during a calendar year, less an amount\nsufficient to cover anticipated premium liabilities over the next sixty\ndays, shall be either (i) returned on a pro rata basis in accordance\nwith the amounts originally contributed to be used for the purpose of\nenhancing purses at such tracks, (ii) deposited into the account\nestablished in paragraph c of this section, or (iii) distributed via a\ncombination of both purposes outlined in subparagraphs (i) and (ii) of\nthis paragraph. The distribution of such unused funding described in\nthis paragraph shall be determined and agreed upon by the franchised\ncorporation and the jockey's organization that represents at least\nfifty-one percent of eligible jockeys. Provided, however, if a\ncorporation or association licensed pursuant to this article provides an\nalternative source of funding for this program, an amount equal to this\nalternative funding, but not in excess of the amount originally\ncontributed during the year from the gross purse enhancement amount from\nvideo lottery gaming attributable to such corporation or association,\nshall be returned to the corporation or association and used for the\npurpose of enhancing purses at such track. Provided, further, any such\nalternative source of funding must be approved by the commission.\n c. An additional segregated account may be established with such\nmonies as a reserve fund for the payment of premiums not yet paid. The\namount paid into such fund during any calendar year, if any, shall be\ndetermined upon the agreement between the franchised corporation and the\njockey's organization that represents at least fifty-one percent of\neligible active jockeys outlined in paragraph b of this subdivision. If,\nafter the establishment of such fund, a determination and agreement is\nmade between the franchised corporation and the jockey's organization\nthat represents at least fifty-one percent of eligible jockeys that such\nfund is no longer needed, the monies remaining in such fund shall be\nreturned on a pro rata basis in accordance with the amounts originally\ncontributed and shall be used for the purposes of enhancing purses at\nsuch tracks.\n 2. The franchised corporation shall enter into a memorandum of\nunderstanding with the jockey's organization that represents at least\nfifty-one percent of eligible active jockeys establishing a plan of\noperation for the program, provided that such memorandum of\nunderstanding shall be approved by the commission upon a determination\nthat such memorandum of understanding meets the statutory requirements\nof this section and is in the best interest of racing and shall include,\nbut not be limited to, the following conditions:\n a. health insurance policies must be purchased on an American health\nbenefit exchange established pursuant to 42 U.S.C. § 18031(b) by the\ninsured;\n b. health insurance policies eligible to be purchased under the\nprogram shall be any policy that is silver level of coverage or lower as\ndefined by 42 U.S.C.§18022(d). Provided, however, the insured may elect\nto purchase a gold level or platinum level of coverage as defined by 42\nU.S.C. § 18022(d) if the insured pays the difference in premiums between\nsuch policy and the premium for the silver level policy offered by the\nsame insurer. Such payments shall be paid into the account established\nin subdivision one of this section and shall be governed by the terms of\nthe memorandum of understanding required by this section;\n c. notwithstanding the conditions set forth in paragraphs a and b of\nthis subdivision, a memorandum of understanding with the jockeys\norganization that represents at least fifty-one percent of the eligible\nactive jockeys may be approved by the commission upon a determination\nthat such memorandum of understanding is in the best interest of racing\nthat creates a jockeys health trust to be administered by the franchised\ncorporation for the purpose of obtaining jockey health benefits from a\nhealth insurance provider that covers jockeys and their dependents with\na health insurance policy that is not purchased on an American health\nbenefit exchange established pursuant to 42 U.S.C. § 18031(b) but does\nprovide silver level coverage or lower as defined by 42 U.S.C. §\n18022(d);\n d. the payment of premiums pursuant to this section shall be made on\nbehalf of eligible jockeys pursuant to paragraph e of this subdivision\nby the franchised corporation from monies in the account established in\nsubdivision one of this section directly to the health plan selected\npursuant to paragraph b or c of this subdivision;\n e. to be eligible to receive health insurance through this program, an\nindividual must meet one of the following requirements:\n (i) have ridden in at least two hundred fifty races conducted by the\nfranchised corporation during the prior calendar year or in at least one\nhundred fifty races conducted by any other corporation or association\nlicensed pursuant to this article during the prior calendar year;\nprovided, however, if an individual qualified for coverage in any prior\nyear and fails to meet the qualification due to an injury not resulting\nin a permanent disability, that individual shall be deemed to have met\nthe qualification; or\n (ii) have retired from racing on or after January first, two thousand\nten after having ridden in at least seventy-five hundred races conducted\nby any corporation or association licensed pursuant to this article. For\nthe purposes of this section, an individual shall be considered retired\nfrom racing if they have ridden in fewer than fifty races at any track\nin the nation licensed to conduct thoroughbred racing during the\ncalendar year; or\n (iii) have become permanently disabled due to a racing accident while\neligible to receive benefits or would become eligible to receive\nbenefits in the following year pursuant to subparagraph (i) of this\nparagraph; provided, however, if an individual fails to meet the\nqualification of such subparagraph (i) due to an injury resulting in a\npermanent disability, that individual shall be deemed to have met the\nqualification; and\n f. the commission shall have the following powers:\n (i) to rule on eligibility in the event of a denial of coverage\npursuant to paragraph e of this subdivision. In the event of a denial of\ncoverage, such individual denied eligibility may appeal to the\ncommission;\n (ii) to make a determination if an individual would have qualified\npursuant to subparagraph (i) of paragraph e of this subdivision in the\nevent that the individual suffers an injury and contends that he or she\nwould have qualified had they not suffered such injury; and\n (iii) to audit the books and records of the program.\n