New York Insurance Code § 3240*2

Student accident and health insurance
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* § 3240. Student accident and health insurance. (a) In this section:\n  (1)(A) "Student accident and health insurance" means a policy or\ncontract of hospital, medical, or surgical expense insurance delivered\nor issued for delivery in this state on or after January first, two\nthousand fourteen, by an insurer or a corporation, to an institution of\nhigher education covering students enrolled in the institution and the\nstudents' dependents.\n  (B) "Student accident and health insurance" shall not include:\n  (i) a policy or contract that provides limited scope dental or vision\nbenefits meeting the definition of "excepted benefits" set forth in\nsection 2791 of the public health service act, 42 U.S.C. § 300gg-91(c);\n  (ii) an accident policy or contract that provides benefits meeting the\ndefinition of "excepted benefits" set forth in section 2791 of the\npublic health service act, 42 U.S.C. § 300gg-91(c), if the policy or\ncontract:\n  (I) is limited to coverage for intercollegiate sports injuries only;\n  (II) provides benefits to diagnose and treat any intercollegiate\nsports injury and does not include a benefit dollar maximum amount per\ninjury that is less than the overall benefit dollar maximum amount per\nstudent under the intercollegiate sports injury policy or contract;\n  (III) provides benefits on an expense incurred basis;\n  (IV) provides that premiums are paid in full by the institution of\nhigher education;\n  (V) includes prominent disclosure to the student that the accident\npolicy is not a substitute for comprehensive hospital and medical\ncoverage;\n  (VI) provides coverage for intercollegiate sports injuries primary to\nany student accident and health insurance policy or contract or any\nstudent health plan issued pursuant to section one thousand one hundred\ntwenty-four of this chapter; except that a policy or contract meeting\nthe requirements of this item may be excess or secondary to any other\npolicy or contract of accident and health insurance; and\n  (VII) includes a maximum benefit amount that is no less than the\ndeductible under the separate athletic association policy or contract if\ndesigned to coordinate with a separate policy or contract issued to an\nathletic association that extends coverage for intercollegiate sports\ninjuries;\n  (iii) an accident policy or contract that provides benefits meeting\nthe definition of "excepted benefits" set forth in section 2791 of the\npublic health service act, 42 U.S.C. § 300gg-91(c)(1)(A), if the policy\nor contract:\n  (I) is limited to transportation expenses in the event an insured\nstudent incurs a covered sickness or accident, including transportation\nexpenses for a medical escort to travel with the student and\ntransportation expenses for returning the student to the student's\ndomicile;\n  (II) provides that premiums are paid in full by the institution of\nhigher education;\n  (III) covers students enrolled in the institution of higher education;\n  (IV) includes prominent disclosure to the student that the accident\npolicy is not a substitute for comprehensive hospital and medical\ncoverage; and\n  (V) provides coverage for a period of twelve months; or\n  (iv) an insurance policy, contract, or certificate that provides\nhospital, medical, or surgical expense coverage for a student while\nstudying outside the United States for a period of twelve months or less\nthat is issued to a student, provided that the student is also covered\nby comprehensive hospital and medical coverage within the United States\nand the insurance policy, contract, or certificate:\n  (I) is subject to the requirements of subsections (b), (c), (d), (e),\n(h), and (i) of this section;\n  (II) meets the definition of "expatriate health plan" set forth in 42\nU.S.C. § 18014(d)(2);\n  (III) excludes coverage within the United States;\n  (IV) may offer coverage for global evacuation and repatriation in the\nevent of the insured student's sickness or accident; and\n  (V) may

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