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