Bill Text: NY S08388 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits public employers from diminishing health insurance benefits provided to retirees and their dependents or the contributions such employer makes for such health insurance coverage below the level of such benefits or contributions made on behalf of such retirees and dependents by the public employer as of December 31, 2021.

Spectrum: Slight Partisan Bill (Democrat 28-17)

Status: (Introduced - Dead) 2024-05-22 - REPORTED AND COMMITTED TO FINANCE [S08388 Detail]

Download: New_York-2023-S08388-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8388--A

                    IN SENATE

                                    January 25, 2024
                                       ___________

        Introduced by Sens. HARCKHAM, MATTERA, ADDABBO, CLEARE, COMRIE, HINCHEY,
          MAY,  OBERACKER,  PALUMBO,  RHOADS,  ROLISON,  SKOUFIS, STEC, TEDISCO,
          WEBB, WEBER, WEIK -- read twice and ordered printed, and when  printed
          to  be  committed  to  the  Committee on Civil Service and Pensions --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT in relation to protecting the health insurance benefits of reti-
          rees of public employers  and  contributions  of  retirees  of  public
          employers

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

     1    Section 1. This act shall be known as the "Health Equity for  Retirees
     2  Act" or "(HERA)".
     3    § 2. 1. On and after the effective date of this act, a public employer
     4  shall  not  diminish  the health insurance benefits provided to retirees
     5  and their dependents or the contributions such employer makes  for  such
     6  health  insurance  coverage below the level of such benefits or contrib-
     7  utions made on behalf of such retirees  and  their  dependents  by  such
     8  public employer as of November 1, 2022.
     9    2. For the purposes of this act:
    10    (a) "diminish" shall mean any change in health care offered that could
    11  potentially  make  it  harder  for retirees residing anywhere within the
    12  United States, including its  territories  and  possessions,  to  access
    13  their  health care than before such change was made. These changes shall
    14  include, but are not limited to, increasing  the  cost  of  such  health
    15  care,  forcing  retirees  into Medicare Advantage Plans, forcing them to
    16  use health care providers only from pre-designated  panels,  or  forcing
    17  them  to  wait  for  pre-authorization  for  medical procedures that are
    18  recommended by their health care providers;
    19    (b) "public employer" shall mean the following: (i)  the  state  or  a
    20  civil  division  thereof;  (ii) a county, city, town or village; (iii) a
    21  school district, board of cooperative educational  services,  vocational
    22  education  and  extension  board  or  a school district as enumerated in
    23  section 1 of chapter 566 of the laws  of  1967,  as  amended;  (iv)  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11812-02-4
        S. 8388--A                          2

     1  governmental  entity  operating  a  college  or university; (v) a public
     2  improvement or special district including police or fire districts; (vi)
     3  a public authority, commission or public benefit corporation;  or  (vii)
     4  any other public corporation, agency, instrumentality or unit of govern-
     5  ment  which  exercises  governmental power under the laws of this state;
     6  and
     7    (c) "retiree" shall mean a retiree of a public employer.
     8    § 3. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after November 1, 2022.