What's happening
This bill exempts certain nonprofit private air ambulance membership services from being classified as insurance under New York law.
Why it matters
Expands access to nonprofit air ambulance memberships by removing insurance regulations. this could make such memberships more affordable or widely available for NY residents who want coverage for air ambulance transport without buying traditional insurance.
Imposes clear consumer protection requirements. nonprofits must fully disclose to members that these memberships are not insurance or a supplement to insurance, helping to prevent confusion or misrepresentation.
Restricts eligibility to established, regulated nonprofits. only air ambulance services with at least two years of operation in NY, a valid health department certificate, and nonprofit status can qualify, aiming to ensure reliability and public trust.
Requires ongoing state oversight. providers must prove compliance with these conditions to the Department of Financial Services, offering some regulatory check even though they are exempt from insurance law.
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Who cares
Headline styles
Exempt Air Ambulance Licensing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ease Rules for Air Ambulances
In Assembly Committee · Insurance · Sponsor Pamela J. Hunter
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
764
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to private air ambulance service
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1108 of the insurance law is amended by adding a new subsection (o) to read as follows:
(o) A private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services to subscription members and designated members of their household is not an insurer if the private air ambulance service:
(1) has a valid operating certificate issued by the department of health;
(2) has non-profit status;
(3) has been in operation in New York for at least two years;
(4) provides in the membership materials a statement providing clear disclosure to applicants and members that this is not insurance and membership cannot be considered secondary insurance coverage or a supplement to any insurance coverage;
(5) product is only offered by providers of the service; and
(6) has submitted evidence of its compliance with this section to the superintendent pursuant to rules and regulations promulgated by the department.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05959-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to private air ambulance service
Purpose or general idea of bill
To clarify that a subscription plan offered by a non-profit air ambu- lance service is exempt from insurance licensing and other requirements.
Summary of provisions
Section 1108 of the insurance law is amended by adding a new subsection (o) stating that a private air ambulance services that solicits member- ship subscriptions does not fall under the purview of insurance provided it meets certain criteria.
Justification
Subscription plans have a long history of serving as a means for chari- table donations to emergency medical transporters. Many volunteer ambu- lance companies and air medical transports have used subscription plans as a way to encourage their communities' participation and to supplement their financial needs. In recent years, there were some concerns that these subscription plans may have fallen within the definition of insur- ance and therefore needed to be licensed by the New York State Insurance Department. This bill will clarify that a subscription plan offered by a non-profit air ambulance service is not insurance and therefore allow- able.
Air medical services generally handle on-scene emergency calls which include car accidents, skiing injuries, and industrial accidents. The rapid transport and quality of care received in the air has saved thou- sands of lives and improved recovery outcomes for thousands more. Emer- gency and inter-facility air transportation is expensive and the cost is not wholly covered by insurance. Non-profit providers struggle to keep their organizations viable and staffed with high quality and well trained individuals yet their services are essential, particularly in rural parts of New York. Rather than face losing these vital non-pro- fits, this legislation would allow these organizations to use a subscription plan as one of their many fundraising tools.
Prior legislative history
2017/2018- S.2959 Referred to Insurance
2015/2016- S.790 Referred to Insurance
2013/2014- S.1152 Referred to the Senate Committee on Insurance
2011/2012- S.3518 Referred to Senate Committee on Insurance
2009/2010-S.8076 Referred to Senate Committee
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.