Exempts private air ambulance services from insurance licensing and other requirements if the private ambulance service meets certain enumerated qualifications.
Summary
This bill amends the New York Insurance Law to clarify that certain private air ambulance services are not to be treated as insurers, so long as they meet a set of specified conditions. The services covered are those that solicit membership subscriptions, accept membership applications, charge membership fees, and provide air ambulance transport to members and designated household members. To qualify, the provider must hold a valid Department of Health operating certificate, be a nonprofit, have operated in New York for at least two years, and give clear written notice that the membership is not insurance and cannot be treated as secondary or supplemental coverage.
The bill also requires that the membership product be offered only by the service provider itself and that the provider submit evidence of compliance to the superintendent under regulations adopted by the Department of Financial Services. If enacted, the measure would create a statutory exemption from insurance-law treatment for qualifying private air ambulance membership programs, reducing the likelihood that these arrangements would need to meet insurer licensing, regulatory, or filing requirements that otherwise apply to insurance products.
Impact
The bill would amend Insurance Law section 1108 by adding a new exemption for qualifying private air ambulance services, effectively removing them from the definition or treatment of an insurer under state law. This would affect nonprofit air ambulance providers that use membership-based models, as well as the Department of Financial Services and the Department of Health, by establishing a compliance framework tied to operating certification, disclosure, and proof of eligibility. Consumers who purchase these memberships would receive explicit notice that the product is not insurance and does not function as secondary coverage.
Sentiment
Based on the bill text and available context, the measure appears to be a targeted regulatory clarification rather than a broadly controversial proposal. The stated structure suggests support for nonprofit air ambulance providers that rely on membership subscriptions and want certainty that their programs are not regulated as insurance. No committee transcripts or votes were provided, so there is no recorded public debate or formal voting sentiment to indicate broader support or opposition.
Contention
The main potential point of contention is whether private air ambulance membership programs should be exempt from insurance regulation at all, since these products collect fees and promise future transport services that may resemble coverage. Consumer advocates or insurance regulators could be concerned about confusion over whether the membership is a substitute for insurance, while providers are likely to argue that the bill simply recognizes a service model and preserves access to emergency transport. Another possible issue is the bill’s eligibility limits, especially the nonprofit requirement, the two-year New York operation requirement, and the restriction that the product be offered only by the service provider, which may exclude newer or for-profit operators.
Exempts private air ambulance services from insurance licensing and other requirements if the private ambulance service meets certain enumerated qualifications.
Concerning emergency medical services provided in the state, and, in connection therewith, designating emergency medical services, including ambulance services and air ambulance services, to be essential services.
To Allow An Ambulance Service To Order Certain Types Of Healthcare Services Without A Referral From A Physician; And To Mandate Insurance Coverage For An Ambulance Service To Order Certain Types Of Healthcare Services.