Assembly Bill A7262

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7262

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by M. of A. JOHN, GOTTFRIED -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law and the  insurance  law,  in  relation  to
  employer health care coverage disclosure

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  201-g  to
read as follows:
  S  201-G. EMPLOYER HEALTH CARE COVERAGE DISCLOSURE. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "EMPLOYER" INCLUDES THE EMPLOYER AND ANY OF  ITS  SUBSIDIARIES  AT
ALL LOCATIONS IN THE STATE.
  (B)  "PROPOSED BENEFICIARY" MEANS ANY INDIVIDUAL WHO FILES AN APPLICA-
TION FOR BENEFITS FOR HIMSELF OR HERSELF, OR  ANY  INDIVIDUAL  ON  WHOSE
BEHALF  AN APPLICATION IS FILED, INCLUDING, BUT NOT LIMITED TO, CHILDREN
OR OTHER DEPENDENTS OF THE APPLICANT OR ANY OTHER  INDIVIDUAL  FOR  WHOM
THE APPLICATION IS FILED.
  (C)  "STATE-FUNDED PUBLIC HEALTH PROGRAM" MEANS THE FAMILY HEALTH PLUS
PROGRAM OR CHILD HEALTH PLUS PROGRAM.
  2. (A) ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TEN, THE DEPARTMENT,
IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,  SHALL  COLLABORATE  WITH
ALL  OTHER NECESSARY AGENCIES AND PARTIES TO TRANSMIT TO THE LEGISLATURE
A REPORT IDENTIFYING ALL  EMPLOYERS  WHO  EMPLOY  TWO  HUNDRED  OR  MORE
PERSONS  WHO  ARE  BENEFICIARIES  OR  WHO  SUPPORT  BENEFICIARIES  IN  A
STATE-FUNDED PUBLIC HEALTH PROGRAM.
  (B) THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING:
  (I) THE EMPLOYER'S NAME;
  (II) THE EMPLOYER'S ADDRESS;
  (III) THE TOTAL NUMBER OF EACH EMPLOYER'S EMPLOYEES AND ANY DEPENDENTS
OF AN EMPLOYEE  WHO  ARE  ENROLLED  IN  EACH  STATE-FUNDED  HEALTH  CARE
PROGRAM; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10731-01-9
              

A. 7262                             2

  (IV) THE TOTAL COST TO THE STATE OF PROVIDING PUBLIC HEALTH CARE BENE-
FITS FOR EACH IDENTIFIED EMPLOYER'S EMPLOYEES AND THEIR DEPENDENTS.
  (C) THE REPORT SHALL NOT INCLUDE THE NAMES OF ANY INDIVIDUAL BENEFICI-
ARY  UNDER  A STATE-FUNDED PUBLIC HEALTH PROGRAM AND SHALL BE SUBJECT TO
CONFIDENTIALITY STANDARDS ESTABLISHED UNDER THE FEDERAL HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA; P.L. 104-191).
  (D) THE DEPARTMENT SHALL MAKE THE REPORT  PREPARED  PURSUANT  TO  THIS
SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEB SITE.
  (E)  THE  DEPARTMENT SHALL PROVIDE, UPON REQUEST, A COPY OF THE REPORT
TO ANY MEMBER OF THE PUBLIC, AND MAY CHARGE A REASONABLE  FEE  TO  COVER
THE COST OF PROVIDING A COPY OF THE REPORT.
  3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE USE OF
THE SPECIFIC MEDICAL COSTS OF  THE  BENEFICIARIES  OF  THE  STATE-FUNDED
PUBLIC HEALTH PROGRAM FOR EACH IDENTIFIED EMPLOYER.
  S  2. The insurance law is amended by adding a new section 215 to read
as follows:
  S 215. EMPLOYER HEALTH CARE COVERAGE DISCLOSURE. (A) FOR THE  PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (1)  "EMPLOYER"  INCLUDES  THE EMPLOYER AND ANY OF ITS SUBSIDIARIES AT
ALL LOCATIONS IN THE STATE.
  (2) "PROPOSED BENEFICIARY" MEANS ANY INDIVIDUAL WHO FILES AN  APPLICA-
TION  FOR BENEFITS UNDER THE HEALTHY NEW YORK PROGRAM ESTABLISHED PURSU-
ANT TO SECTIONS FOUR THOUSAND THREE HUNDRED TWENTY-SIX AND FOUR THOUSAND
THREE HUNDRED TWENTY-SEVEN OF THIS CHAPTER FOR HIMSELF  OR  HERSELF,  OR
ANY  INDIVIDUAL  ON WHOSE BEHALF AN APPLICATION IS FILED, INCLUDING, BUT
NOT LIMITED TO, CHILDREN OR OTHER DEPENDENTS OF  THE  APPLICANT  OR  ANY
OTHER INDIVIDUAL FOR WHOM THE APPLICATION IS FILED.
  (B)  ON  OR  BEFORE  SEPTEMBER FIRST, TWO THOUSAND TEN, THE DEPARTMENT
SHALL COLLABORATE WITH ALL OTHER NECESSARY AGENCIES AND PARTIES TO TRAN-
SMIT TO THE LEGISLATURE A REPORT IDENTIFYING ALL  EMPLOYERS  WHO  EMPLOY
TWO  HUNDRED OR MORE PERSONS WHO ARE BENEFICIARIES, OR WHO SUPPORT BENE-
FICIARIES, UNDER THE HEALTHY NEW YORK PROGRAM.
  (1) THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING:
  (I) THE EMPLOYER'S NAME;
  (II) THE EMPLOYER'S ADDRESS;
  (III) THE TOTAL NUMBER OF EACH EMPLOYER'S EMPLOYEES AND ANY DEPENDENTS
OF AN EMPLOYEE WHO ARE ENROLLED IN THE HEALTHY NEW YORK PROGRAM; AND
  (IV) THE TOTAL COST TO THE STATE OF PROVIDING BENEFITS UNDER THE HEAL-
THY NEW YORK PROGRAM FOR EACH IDENTIFIED EMPLOYER'S EMPLOYEES AND  THEIR
DEPENDENTS.
  (2) THE REPORT SHALL NOT INCLUDE THE NAMES OF ANY INDIVIDUAL BENEFICI-
ARY UNDER THE HEALTHY NEW YORK PROGRAM AND SHALL BE SUBJECT TO CONFIDEN-
TIALITY  STANDARDS ESTABLISHED UNDER THE FEDERAL HEALTH INSURANCE PORTA-
BILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA; P.L. 104-191).
  (3) THE DEPARTMENT SHALL MAKE THE REPORT  PREPARED  PURSUANT  TO  THIS
SECTION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S WEB SITE.
  (4)  THE  DEPARTMENT SHALL PROVIDE, UPON REQUEST, A COPY OF THE REPORT
TO ANY MEMBER OF THE PUBLIC, AND MAY CHARGE A REASONABLE  FEE  TO  COVER
THE COST OF PROVIDING A COPY OF THE REPORT.
  (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE USE OF
THE  SPECIFIC MEDICAL COSTS OF THE BENEFICIARIES OF THE HEALTHY NEW YORK
PROGRAM FOR EACH IDENTIFIED EMPLOYER.
  S 3. This act shall take effect immediately.