Bill Text: NY S03120 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to employee notification of contraceptive coverage.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03120 Detail]

Download: New_York-2019-S03120-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3120--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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 the cost of contraceptive drugs or
     6  devices approved by the federal food and drug administration or  generic
     7  equivalents approved as substitutes by such food and drug administration
     8  under  the  prescription of a health care provider legally authorized to
     9  prescribe under title eight of the education 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 substituting a policy or
    14  contract of group accident, group health or group  accident  and  health
    15  insurance  with  another such policy or contract that alters, restricts,
    16  or terminates contraceptive coverage. Such notice shall be provided  not
    17  less  than ninety days prior to any such substitution. Where the certif-
    18  icate holders are employees represented by a  labor  organization,  such
    19  notice  shall  also  be  promptly provided to the representative of such
    20  labor organization.   A copy of  such  notice  also  shall  be  promptly
    21  provided  to  the  commissioner and the departments of law and financial
    22  services.  Such written notice shall be in  accordance  with  applicable
    23  rules and regulations of the commissioner.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08865-02-9
        S. 3120--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, as a result of conscientious objections of  the  employer.
    11  Where  such policy or contract includes some, but not all, contraceptive
    12  drugs and devices or their generic equivalents approved by  the  federal
    13  food  and drug administration, such notice shall also specify which such
    14  drugs or devices are not  included  in  such  insurance  coverage.  Such
    15  notice  shall be prominently displayed on the face of any written appli-
    16  cation for employment utilized by an employer or included on a  separate
    17  written  notice  form  to  be  provided to each person who receives such
    18  written application. Where such employer maintains a publicly accessible
    19  webpage that provides information  on  prospective  employment  opportu-
    20  nities, such employer shall provide clear and conspicuous notice on such
    21  webpage as to whether such employer provides contraceptive coverage and,
    22  if  so,  whether such coverage includes some, but not all, contraceptive
    23  drugs and devices or their generic equivalent approved  by  the  federal
    24  food  and  drug administration.   The commissioner, in consultation with
    25  the department of financial services, is authorized to  promulgate  such
    26  rules  and  regulations  as  he  or she deems necessary to implement the
    27  provisions of this section.
    28    § 4. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.