Bill Text: NY S07928 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to employee notification of contraceptive coverage.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-07-23 - REFERRED TO RULES [S07928 Detail]

Download: New_York-2013-S07928-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7928
                                   I N  S E N A T E
                                     July 23, 2014
                                      ___________
       Introduced by Sens. STAVISKY, KRUEGER, O'BRIEN, RIVERA -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Rules
       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.
   24    S 3. The labor law is amended by adding a new section 217-a to read as
   25  follows:
   26    S 217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE  COVERAGE.
   27  1.  AN  EMPLOYER  WHO IS ISSUED A POLICY OR CONTRACT FOR GROUP ACCIDENT,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15653-05-4
       S. 7928                             2
    1  GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE THAT COVERS SOME  OR
    2  ALL  OF  ITS  EMPLOYEES  SHALL  PROVIDE  NOTICE  TO ALL PERSONS WHO SEEK
    3  EMPLOYMENT WITH SUCH EMPLOYER AS TO  WHETHER  SUCH  POLICY  OR  CONTRACT
    4  INCLUDES  CONTRACEPTIVE  COVERAGE,  AS SUCH TERM IS DEFINED IN PARAGRAPH
    5  (C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
    6  WHERE SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL,  CONTRACEPTIVE
    7  DRUGS  AND  DEVICES OR THEIR GENERIC EQUIVALENTS APPROVED BY THE FEDERAL
    8  FOOD AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH  SUCH
    9  DRUGS  OR  DEVICES  ARE  NOT  INCLUDED  IN SUCH INSURANCE COVERAGE. SUCH
   10  NOTICE SHALL BE PROMINENTLY DISPLAYED ON THE FACE OF ANY WRITTEN  APPLI-
   11  CATION  FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A SEPARATE
   12  WRITTEN NOTICE FORM TO BE PROVIDED TO  EACH  PERSON  WHO  RECEIVES  SUCH
   13  WRITTEN APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE
   14  WEBPAGE  THAT  PROVIDES  INFORMATION  ON PROSPECTIVE EMPLOYMENT OPPORTU-
   15  NITIES, SUCH EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH
   16  WEBPAGE AS TO WHETHER SUCH EMPLOYER PROVIDES CONTRACEPTIVE COVERAGE AND,
   17  IF SO, WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT  ALL,  CONTRACEPTIVE
   18  DRUGS  AND  DEVICES  OR THEIR GENERIC EQUIVALENT APPROVED BY THE FEDERAL
   19  FOOD AND DRUG ADMINISTRATION.   THE COMMISSIONER, IN  CONSULTATION  WITH
   20  THE  DEPARTMENT  OF FINANCIAL SERVICES, IS AUTHORIZED TO PROMULGATE SUCH
   21  RULES AND REGULATIONS AS HE OR SHE  DEEMS  NECESSARY  TO  IMPLEMENT  THE
   22  PROVISIONS OF THIS SECTION.
   23    2.  AN EMPLOYER THAT FAILS TO COMPLY WITH ANY PROVISION OF SUBDIVISION
   24  ONE OF THIS SECTION, SHALL, FOR EACH  SUCH  VIOLATION,  FORFEIT  TO  THE
   25  PEOPLE OF THE STATE A SUM UP TO FIVE THOUSAND DOLLARS TO BE RECOVERED BY
   26  THE  COMMISSIONER  IN  A  CIVIL  ACTION. WHERE SUCH EMPLOYER IS A CORPO-
   27  RATION, TRADE ASSOCIATION,  JOINT  STOCK  ASSOCIATION,  INCORPORATED  OR
   28  UNINCORPORATED ASSOCIATION, THE PRESIDENT, SECRETARY AND TREASURER THER-
   29  EOF SHALL BE LIABLE FOR ANY SUCH FORFEITURE.
   30    S  4.  This  act shall take effect on the ninetieth day after it shall
   31  have become a law.