Bill Text: NY S03151 | 2015-2016 | 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) 2016-01-06 - REFERRED TO LABOR [S03151 Detail]

Download: New_York-2015-S03151-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3151--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       Introduced  by Sens. STAVISKY, RIVERA, SAMPSON -- 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    S 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.
                                                                  LBD04878-03-5
       S. 3151--A                          2
    1    S 3. The labor law is amended by adding a new section 217-a to read as
    2  follows:
    3    S  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 INCLUDES
    8  CONTRACEPTIVE COVERAGE, AS SUCH TERM IS  DEFINED  IN  PARAGRAPH  (C)  OF
    9  SUBDIVISION  TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE. WHERE
   10  SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE  DRUGS
   11  AND  DEVICES  OR  THEIR GENERIC EQUIVALENTS APPROVED BY THE FEDERAL FOOD
   12  AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH DRUGS
   13  OR DEVICES ARE NOT INCLUDED IN  SUCH  INSURANCE  COVERAGE.  SUCH  NOTICE
   14  SHALL  BE  PROMINENTLY  DISPLAYED ON THE FACE OF ANY WRITTEN APPLICATION
   15  FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A SEPARATE WRITTEN
   16  NOTICE FORM TO BE PROVIDED TO EACH  PERSON  WHO  RECEIVES  SUCH  WRITTEN
   17  APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE WEBPAGE
   18  THAT  PROVIDES INFORMATION ON PROSPECTIVE EMPLOYMENT OPPORTUNITIES, SUCH
   19  EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH  WEBPAGE  AS
   20  TO  WHETHER  SUCH  EMPLOYER  PROVIDES CONTRACEPTIVE COVERAGE AND, IF SO,
   21  WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT  ALL,  CONTRACEPTIVE  DRUGS
   22  AND DEVICES OR THEIR GENERIC EQUIVALENT APPROVED BY THE FEDERAL FOOD AND
   23  DRUG ADMINISTRATION.  THE COMMISSIONER, IN CONSULTATION WITH THE DEPART-
   24  MENT  OF  FINANCIAL SERVICES, IS AUTHORIZED TO PROMULGATE SUCH RULES AND
   25  REGULATIONS AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS  OF
   26  THIS SECTION.
   27    S  4.  This  act shall take effect on the ninetieth day after it shall
   28  have become a law.