2023 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.