Bill Text: NY A06650 | 2019-2020 | General Assembly | Amended


Bill Title: Requires written notification to an employee when an employer modifies or replaces a health policy regarding contraceptive coverage.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.240 [A06650 Detail]

Download: New_York-2019-A06650-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6650--A
                                                                Cal. No. 262

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 14, 2019
                                       ___________

        Introduced  by  M.  of A. SEAWRIGHT, TAYLOR -- read once and referred to
          the Committee on Labor -- reported from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading

        AN  ACT  to amend the labor law, in relation to employee notification of
          contraceptive coverage

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 217 of the labor law is amended by
     2  adding a new paragraph (c) to read as follows:
     3    (c)  "Contraceptive  coverage"  shall mean that portion of a policy or
     4  contract of group accident, group health or group  accident  and  health
     5  insurance  that provides coverage for all federal food and drug adminis-
     6  tration-approved  contraceptive  drugs,  devices,  and  other   products
     7  including  all  federal  food and drug administration-approved over-the-
     8  counter contraceptive drugs, devices, and products as prescribed  or  as
     9  otherwise authorized under state or federal law.
    10    §  2. Section 217 of the labor law is amended by adding a new subdivi-
    11  sion 3-a to read as follows:
    12    3-a. Contraceptive coverage notification. A policyholder shall provide
    13  written notice to certificate holders prior to modifying or replacing  a
    14  policy or contract of group accident, group health or group accident and
    15  health  insurance  with  another  such  policy  or contract that alters,
    16  restricts, or terminates contraceptive coverage. Such  notice  shall  be
    17  provided not less than ninety days prior to any such change in coverage.
    18  Where  the  certificate  holders  are  employees  represented by a labor
    19  organization, such notice shall also be promptly provided to the  repre-
    20  sentative  of  such labor organization. A copy of such notice also shall
    21  be promptly provided to the commissioner and the departments of law  and
    22  financial  services.  Such  written  notice  shall be in accordance with
    23  applicable rules and regulations of the commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08865-04-9

        A. 6650--A                          2

     1    § 3. The labor law is amended by adding a new section 217-a to read as
     2  follows:
     3    §  217-a. Prospective employee notification of contraceptive coverage.
     4  An employer who is issued a policy or contract for group accident, group
     5  health or group accident and health insurance that covers some or all of
     6  its employees shall provide notice to all persons  who  seek  employment
     7  with  such  employer  as  to  whether  such  policy or contract does not
     8  include any or all contraceptive coverage, as such term  is  defined  in
     9  paragraph  (c)  of  subdivision  two of section two hundred seventeen of
    10  this article, pursuant to an exemption provided under paragraph  sixteen
    11  of  subsection  (1)  of section three thousand two hundred twenty-one of
    12  the insurance law or subsection (cc)  of  section  four  thousand  three
    13  hundred  three  of  the  insurance  law.  Where  such policy or contract
    14  includes some, but not all, contraceptive drugs  and  devices  or  their
    15  generic  equivalents  approved  by  the  federal  food and drug adminis-
    16  tration, such notice shall also specify which such drugs or devices  are
    17  not included in such insurance coverage. Such notice shall be prominent-
    18  ly  displayed  on  the  face  of  any written application for employment
    19  utilized by an employer or included on a separate written notice form to
    20  be provided to each person who receives such written application.  Where
    21  such  employer  maintains  a  publicly  accessible webpage that provides
    22  information on prospective employment opportunities, such employer shall
    23  provide clear and conspicuous notice on such webpage as to whether  such
    24  employer provides contraceptive coverage and, if so, whether such cover-
    25  age includes some, but not all, contraceptive drugs and devices or their
    26  generic equivalent approved by the federal food and drug administration.
    27  The  commissioner,  in  consultation  with  the  department of financial
    28  services, is authorized to promulgate such rules and regulations  as  he
    29  or she deems necessary to implement the provisions of this section.
    30    §  4.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law.
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