NY Rac, Pari-Mut Wag & Breeding L § 221-A (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 2 - Thoroughbred Racing and Breeding 221-A - Health Insurance for Jockeys.

§  221-a.  Health  insurance for jockeys.  1. A franchised corporation shall, as a condition of racing, establish a program to  administer  the purchase of health insurance for eligible jockeys.   Such  program  shall be funded through the deposit of one and one-half 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 these monies and these monies shall remain separate from any other funds. Any corporation or association  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 a corporation or association licensed pursuant  to this article provides an alternative source of funding for this 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 such corporation or association, shall be  returned  to  the  corporation  or association  and used for the purpose of enhancing purses at such track. Provided, further, any  such  alternative  source  of  funding  must  be approved by the commission.   2.  The  franchised  corporation  shall  enter  into  a  memorandum of understanding with the jockey's organization that  represents  at  least fifty-one  percent  of  eligible  active  jockeys establishing a plan of operation  for  the  program,   provided   that   such   memorandum   of understanding  shall  be approved by the 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 must 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  jockeys organization that represents at least fifty-one percent of the  eligible active  jockeys  may  be approved by the commission upon a determination that such memorandum of understanding is in the best interest of  racing that creates a jockeys health trust to be administered by the franchised corporation  for  the purpose of obtaining jockey health benefits from a health insurance provider that covers jockeys 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 jockeys 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 must meet one of the following requirements:  (i)  have  ridden in at least two hundred fifty races conducted by the franchised corporation during the prior calendar year or in at least one hundred fifty races conducted by any other  corporation  or  association licensed  pursuant  to  this  article  during  the  prior calendar year; provided, however, if an individual qualified for coverage in any  prior year  and fails to meet the qualification due to an injury not resulting in a permanent disability, that individual shall be deemed to  have  met the qualification; or  (ii)  have retired from racing on or after January first, two thousand ten after having ridden in at least seventy-five hundred races conducted by any corporation or association licensed pursuant to this article. For the purposes of this section, an individual shall be considered  retired from  racing  if they have ridden in fewer than fifty races at any track in the  nation  licensed  to  conduct  thoroughbred  racing  during  the calendar year; or  (iii)  have become permanently disabled due to a racing accident while eligible to  receive  benefits  or  would  become  eligible  to  receive benefits  in  the  following  year  pursuant to subparagraph (i) of this paragraph; provided,  however,  if  an  individual  fails  to  meet  the qualification  of  such subparagraph (i) due to an injury resulting in a permanent disability, that individual shall be deemed to  have  met  the qualification; and   f. the 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  denied  eligibility  may  appeal   to   the commission;  (ii)  to  make  a  determination if an individual would have qualified pursuant to subparagraph (i) of paragraph e of this subdivision  in  the event  that the individual suffers an injury and contends that he or she would have qualified had they not suffered such injury; and  (iii) to audit the books and records of the program.