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. LBD11812-02-4S. 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.