2023 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.