§ 221-B — Health insurance for trainers

§ 221-b. Health insurance for trainers. 1. A franchised corporation\nshall, as a condition of racing, establish a program to administer the\npurchase of health insurance for eligible trainers. Such program shall\nbe funded through the deposit of up to three percent of the gross purse\nenhancement amount from video lottery gaming at a thoroughbred track\npursuant to paragraph two of subdivision b and paragraph one of\nsubdivision f of section sixteen hundred twelve of the tax law. The\nfranchised corporation shall establish a segregated account for the\nreceipt of such monies and such monies shall remain separate from any\nother funds. The franchised corporation licensed pursuant to this\narticle shall pay into such account any amount due within ten days of\nthe receipt of revenue pursuant to section sixteen hundred twelve of the\ntax law. Any portion of such funding to the account unused during a\ncalendar year, less an amount sufficient to cover anticipated premium\nliabilities over the next sixty days, shall be returned on a pro rata\nbasis in accordance with the amounts originally contributed and shall be\nused for the purpose of enhancing purses at such tracks. Provided,\nhowever, if the franchised corporation licensed pursuant to this article\nprovides an alternative source of funding for such program, an amount\nequal to this alternative funding, but not in excess of the amount\noriginally contributed during the year from the gross purse enhancement\namount from video lottery gaming attributable to the franchised\ncorporation, shall be returned to the franchised corporation and used\nfor the purpose of enhancing purses at such track. Provided, further,\nany such alternative source of funding shall be approved by the gaming\ncommission.\n 2. The franchised corporation shall enter into a memorandum of\nunderstanding with the horsemen's organization representing at least\nfifty-one percent of the owners and trainers utilizing the facilities of\nsuch franchised corporation for a plan of operation of the program,\nprovided that such memorandum of understanding shall be approved by the\ngaming commission upon a determination that such memorandum of\nunderstanding meets the statutory requirements of this section and is in\nthe best interest of racing and shall include, but not be limited to,\nthe following conditions:\n a. health insurance policies shall 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\nelect to purchase a gold level or platinum level of coverage as defined\nby 42 U.S.C. § 18022(d) if the insured pays the difference in premiums\nbetween such policy and the premium for the silver level policy offered\nby the same insurer. Such payments shall be paid into the account\nestablished in subdivision one of this section and shall be governed by\nthe terms of the 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 horsemen's\norganization representing at least fifty-one percent of the owners and\ntrainers utilizing the facilities of such franchised corporation may be\napproved by the commission upon a determination that such memorandum of\nunderstanding is in the best interest of racing that creates a trainer\nhealth trust to be administered by the franchised corporation for the\npurpose of obtaining trainers health benefits from a health insurance\nprovider that covers trainers and their dependents with a health\ninsurance policy that is not purchased on an American health benefit\nexchange established pursuant to 42 U.S.C. § 18031(b) but does provide\nsilver level coverage or lower as defined by 42 U.S.C. § 18022(d);\n d. the payment of premiums pursuant to this section shall be made on\nbehalf of eligible trainers 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 shall have started at least forty-three races conducted by\nthe franchised corporation during the prior calendar year and at least\nsixty percent of the trainer's total amount of starts occurred at the\nfranchised corporation during the prior calendar year; and\n f. the gaming 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 trainer that was denied eligibility may appeal\nto the gaming commission;\n (ii) to make a determination if an individual would have qualified\npursuant to paragraph e of this subdivision; and\n (iii) to audit the books and records of the program.\n