§ 221-a. Health insurance for jockeys. 1. a. A franchised corporation\nshall, as a condition of racing, establish a program to administer the\npurchase of health insurance for eligible jockeys.\n Such program shall be funded through the deposit of one and one-half\npercent of the gross purse enhancement amount from video lottery gaming\nat a thoroughbred track pursuant to paragraph two of subdivision b and\nparagraph one of subdivision f of section sixteen hundred twelve of the\ntax law. The franchised corporation shall establish a segregated account\nfor the receipt of these monies and these monies shall remain separate\nfrom any other funds. Any corporation or association licensed pursuant\nto this article shall pay into such account any amount due within ten\ndays of the receipt of revenue pursuant to section sixteen hundred\ntwelve of the tax law.\n b. Any portion of such funding to the account, outlined in paragraph a\nof this subdivision, unused during a calendar year, less an amount\nsufficient to cover anticipated premium liabilities over the next sixty\ndays, shall be either (i) returned on a pro rata basis in accordance\nwith the amounts originally contributed to be used for the purpose of\nenhancing purses at such tracks, (ii) deposited into the account\nestablished in paragraph c of this section, or (iii) distributed via a\ncombination of both purposes outlined in subparagraphs (i) and (ii) of\nthis paragraph. The distribution of such unused funding described in\nthis paragraph shall be determined and agreed upon by the franchised\ncorporation and the jockey's organization that represents at least\nfifty-one percent of eligible jockeys. Provided, however, if a\ncorporation or association licensed pursuant to this article provides an\nalternative source of funding for this program, an amount equal to this\nalternative funding, but not in excess of the amount originally\ncontributed during the year from the gross purse enhancement amount from\nvideo lottery gaming attributable to such corporation or association,\nshall be returned to the corporation or association and used for the\npurpose of enhancing purses at such track. Provided, further, any such\nalternative source of funding must be approved by the commission.\n c. An additional segregated account may be established with such\nmonies as a reserve fund for the payment of premiums not yet paid. The\namount paid into such fund during any calendar year, if any, shall be\ndetermined upon the agreement between the franchised corporation and the\njockey's organization that represents at least fifty-one percent of\neligible active jockeys outlined in paragraph b of this subdivision. If,\nafter the establishment of such fund, a determination and agreement is\nmade between the franchised corporation and the jockey's organization\nthat represents at least fifty-one percent of eligible jockeys that such\nfund is no longer needed, the monies remaining in such fund shall be\nreturned on a pro rata basis in accordance with the amounts originally\ncontributed and shall be used for the purposes of enhancing purses at\nsuch tracks.\n 2. The franchised corporation shall enter into a memorandum of\nunderstanding with the jockey's organization that represents at least\nfifty-one percent of eligible active jockeys establishing a plan of\noperation for the program, provided that such memorandum of\nunderstanding shall be approved by the commission upon a determination\nthat such memorandum of understanding meets the statutory requirements\nof this section and is in the best interest of racing and shall include,\nbut not be limited to, the following conditions:\n a. health insurance policies must be purchased on an American health\nbenefit exchange established pursuant to 42 U.S.C. § 18031(b) by the\ninsured;\n b. health insurance policies eligible to be purchased under the\nprogram shall be any policy that is silver level of coverage or lower as\ndefined by 42 U.S.C.§18022(d).
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