NY State Senate Bill 2013-S7928

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2014	referred to rules

co-Sponsors

2013-S7928 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Amd §217, add §217-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3151
2017-2018: S4758
2019-2020: S3120

2013-S7928 (ACTIVE) - Summary

Relates to employee notification of contraceptive coverage.

2013-S7928 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7928

TITLE OF BILL:  An act to amend the labor law, in relation to employee
notification of contraceptive coverage

PURPOSE:

Requires notice be provided to current employees and jobseekers where
an employer alters, restricts, or eliminates contraceptive coverage
offered to employees as part of the employment-based health insurance
plan.

SUMMARY OF PROVISIONS:

Section 1 amends section 217 of the labor law to provide a definition
of contraceptive coverage for the purpose of this act.

Section 2 adds a new provision that requires employers who are
policyholders of an employment-based health insurance plan to provide
90 days notice to current employees where the employer alters,
restricts, or terminates contraceptive coverage. Such notice shall
also be provided to any employee representatives, the Department of
Labor, the Department of Financial Services, and the Attorney General.
Violation of this section would result in a civil penalty of up to
$5,000 under current law.

Section 3 adds a new section 217-a of the labor law to require
employers who are policyholders of an employment-based health
insurance plan to provide notice to jobseekers through internal
employment websites or written applications where such an employe/
does not cover certain types or any contraceptive care or devices. A
new penalty provision identical to the provisions applicable to
Section 2 is also added for violations of this section.

Section 4 establishes an effective date of 90 days after enactment.

JUSTIFICATION:

The U,S, Supreme Court's recent ruling in  Burwell v. Hobby Lobby
Stores, Inc. created a new right for closed-corporations to be exempt
from the contraceptive care mandate under federal law. As a result,
many employees who would otherwise have certain contraceptive care and
devices covered under their insurance plan will no longer possess such
insurance through their employer.

This legislation would require an employer who intends to utilize the
Hobby Lobby exemption to provide 90 days notice to employees before
the change becomes effective, It would also require employers provide
clear notice to jobseekers through internal employment websites and
hard copy applications. Failure to comply with these provisions would
subject an employer to a civil enforcement penalty of up to $5,000 per
violation.

This requirement is not cumbersome for employers; it is a de minimus
addition to all other state and federal insurance regulations and it
merely requires employers provide easily accessible and jobseekers
will have more information about their employer-based insurance and


can decide whether they should seek other employment or pursue a
different job.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect ninety days after it shall have been signed
into law.

2013-S7928 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to read as follows:
  (C) "CONTRACEPTIVE COVERAGE" SHALL MEAN THAT PORTION OF  A  POLICY  OR
CONTRACT  OF  GROUP  ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH
INSURANCE THAT PROVIDES COVERAGE FOR THE COST OF CONTRACEPTIVE DRUGS  OR
DEVICES  APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR GENERIC
EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD AND DRUG ADMINISTRATION
UNDER THE PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY  AUTHORIZED  TO
PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S  2. Section 217 of the labor law is amended by adding a new subdivi-
sion 3-a to read as follows:
  3-A. CONTRACEPTIVE COVERAGE NOTIFICATION. A POLICYHOLDER SHALL PROVIDE
WRITTEN NOTICE TO CERTIFICATE HOLDERS PRIOR TO SUBSTITUTING A POLICY  OR
CONTRACT  OF  GROUP  ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH
INSURANCE WITH ANOTHER SUCH POLICY OR CONTRACT THAT  ALTERS,  RESTRICTS,
OR  TERMINATES CONTRACEPTIVE COVERAGE. SUCH NOTICE SHALL BE PROVIDED NOT
LESS THAN NINETY DAYS PRIOR TO ANY SUCH SUBSTITUTION. WHERE THE  CERTIF-
ICATE  HOLDERS  ARE  EMPLOYEES REPRESENTED BY A LABOR ORGANIZATION, SUCH
NOTICE SHALL ALSO BE PROMPTLY PROVIDED TO  THE  REPRESENTATIVE  OF  SUCH
LABOR  ORGANIZATION.    A  COPY  OF  SUCH  NOTICE ALSO SHALL BE PROMPTLY
PROVIDED TO THE COMMISSIONER AND THE DEPARTMENTS OF  LAW  AND  FINANCIAL
SERVICES.    SUCH  WRITTEN NOTICE SHALL BE IN ACCORDANCE WITH APPLICABLE
RULES AND REGULATIONS OF THE COMMISSIONER.
  S 3. The labor law is amended by adding a new section 217-a to read as
follows:
  S 217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE  COVERAGE.
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

GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE THAT COVERS SOME  OR
ALL  OF  ITS  EMPLOYEES  SHALL  PROVIDE  NOTICE  TO ALL PERSONS WHO SEEK
EMPLOYMENT WITH SUCH EMPLOYER AS TO  WHETHER  SUCH  POLICY  OR  CONTRACT
INCLUDES  CONTRACEPTIVE  COVERAGE,  AS SUCH TERM IS DEFINED IN PARAGRAPH
(C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
WHERE SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL,  CONTRACEPTIVE
DRUGS  AND  DEVICES OR THEIR GENERIC EQUIVALENTS APPROVED BY THE FEDERAL
FOOD AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH  SUCH
DRUGS  OR  DEVICES  ARE  NOT  INCLUDED  IN SUCH INSURANCE COVERAGE. SUCH
NOTICE SHALL BE PROMINENTLY DISPLAYED ON THE FACE OF ANY WRITTEN  APPLI-
CATION  FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A SEPARATE
WRITTEN NOTICE FORM TO BE PROVIDED TO  EACH  PERSON  WHO  RECEIVES  SUCH
WRITTEN APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE
WEBPAGE  THAT  PROVIDES  INFORMATION  ON PROSPECTIVE EMPLOYMENT OPPORTU-
NITIES, SUCH EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH
WEBPAGE AS TO WHETHER SUCH EMPLOYER PROVIDES CONTRACEPTIVE COVERAGE AND,
IF SO, WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT  ALL,  CONTRACEPTIVE
DRUGS  AND  DEVICES  OR THEIR GENERIC EQUIVALENT APPROVED BY THE FEDERAL
FOOD AND DRUG ADMINISTRATION.   THE COMMISSIONER, IN  CONSULTATION  WITH
THE  DEPARTMENT  OF FINANCIAL SERVICES, IS AUTHORIZED TO PROMULGATE SUCH
RULES AND REGULATIONS AS HE OR SHE  DEEMS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS OF THIS SECTION.
  2.  AN EMPLOYER THAT FAILS TO COMPLY WITH ANY PROVISION OF SUBDIVISION
ONE OF THIS SECTION, SHALL, FOR EACH  SUCH  VIOLATION,  FORFEIT  TO  THE
PEOPLE OF THE STATE A SUM UP TO FIVE THOUSAND DOLLARS TO BE RECOVERED BY
THE  COMMISSIONER  IN  A  CIVIL  ACTION. WHERE SUCH EMPLOYER IS A CORPO-
RATION, TRADE ASSOCIATION,  JOINT  STOCK  ASSOCIATION,  INCORPORATED  OR
UNINCORPORATED ASSOCIATION, THE PRESIDENT, SECRETARY AND TREASURER THER-
EOF SHALL BE LIABLE FOR ANY SUCH FORFEITURE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S7928

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2013-S7928 (ACTIVE) - Details

2013-S7928 (ACTIVE) - Summary

2013-S7928 (ACTIVE) - Sponsor Memo

2013-S7928 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

Liz Krueger

Ted O'Brien

Gustavo Rivera

2013-S7928 (ACTIVE) - Details

2013-S7928 (ACTIVE) - Summary

2013-S7928 (ACTIVE) - Sponsor Memo

2013-S7928 (ACTIVE) - Bill Text download pdf

Comments