N.Y. Comp. Codes R. & Regs. tit. 19 § 208.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 208.15 - Insurance to be provided by licensed promoters

(a) All licensed promoters of authorized combative sports and professional wrestling shall continuously provide accident insurance or such other form of financial guarantee deemed acceptable by the Commission, for the protection of licensed professionals and wrestlers appearing in authorized professional combative sports matches or professional wrestling exhibitions.

(b) Pursuant to subdivision a of this section, the following accident insurance coverage must be provided by a licensed promoter of authorized combative sports to all licensed professionals participating in any match, exhibition, or bout in this state promoted by or held under the control of such promoter:

(1) coverage for medical, surgical and hospital care, with a minimum limit of fifty thousand dollars ($50,000) for injuries sustained while participating in any program operated under the promotion or control of such licensed promoter;

(2) coverage for payment of a death benefit of fifty thousand dollars ($50,000) payable to the estate of the licensed professional for death occasioned by injuries received during the course of a program in this state in which such licensed professional participated under the promotion or control of the licensed promoter; and

(3) coverage for medical, surgical and hospital care with a minimum limit of one million dollars ($1,000,000) for the treatment of any life-threatening brain injury sustained in a program operated under the control of such licensed promoter, where an identifiable, causal link exists between the professional licensee's participation in such program and the life-threatening brain injury.

(c) Pursuant to subdivision a of this section, a licensed promoter of professional wrestling shall provide the following accident insurance coverage to all wrestlers participating in any professional wrestling exhibition in this state promoted by or held under the control of such promoter:

(1) coverage for medical, surgical and hospital care, with a minimum limit of ten thousand dollars ($10,000) for injuries sustained by the wrestler while participating in a professional wrestling program operated under the promotion or control of such licensed promoter; and

(2) coverage for payment of a death benefit of fifty thousand dollars ($50,000) payable to the estate of the wrestler for death occasioned by injuries received during the course of a professional wrestling program in this state in which such wrestler participated under the promotion or control of the licensed promoter.

(d) All such accident insurance as required in subdivisions a, b and c of this section shall, up to the maximum limits of the policy:

(1) provide coverage for all medically necessary care and treatment for covered injuries; and

(2) provide benefits on an expense incurred basis. Such coverage may be primary or secondary to any other applicable insurance coverage held by the licensed professional or wrestler participant.

(e) Pursuant to subdivision a of this section, in the event a licensed promoter provides the Commission with proof that a professional licensee has health insurance coverage that meets or exceeds the terms of the applicable minimum coverage required by paragraph 3 of subdivision b of this section, proof of such insurance may be accepted by the Commission in advance of an authorized covered combative sport event as constituting an acceptable alternative in lieu of the accident insurance otherwise required by paragraph 3 of subdivision b of this section.

(f) For purposes of this section, the following definitions apply:

(1) "continuously" shall mean at all times during a licensed professional's or wrestler's participation in an authorized covered combative sports or professional wrestling match or exhibition held in this state under the promotion or control of the licensed promoter;

(2) "identifiable, causal link" shall mean that the injuries sustained by the licensed professional during his or her participation in the authorized covered combative sports program were the direct and proximate cause of the life-threatening brain injury;

(3) "life-threatening brain injury" shall mean an acute brain injury that, in the opinion of the professional licensee's treating physician, would result in the death of the professional licensee if left untreated;

(4) "physician" shall mean a practitioner of medicine licensed to practice medicine under the laws of the state, country or territory where his or her medical services are performed and who is acting within the scope of such medical license at the time and place medical services are rendered. In the event medical services are performed in New York State, "physician" shall mean a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the Education Law;

(5) "program" shall mean any authorized covered professional combative sports or professional wrestling match or exhibition; and

(6) "sustained in a program operated under the control of such licensed promoter" shall mean that the symptoms of the life-threatening brain injury must first manifest themselves during, or within twenty-four hours after the end of, the licensed professional's participation in the covered program, and the injury must be diagnosed by a physician during, or within forty-eight hours after the end of, the licensed professional's participation in the covered program.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 208.15

Adopted New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016