Senate Bill S5686

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

                                 5686--A
    Cal. No. 1117

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 27, 2015
                               ___________

Introduced  by Sens. SEWARD, HANNON, KRUEGER, BONACIC, HAMILTON, LARKIN,
  PARKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on Insurance -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN ACT to amend the insurance law and the public health law, in relation
  to enrollment during pregnancy

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

  Section 1. Section 3217-c of the insurance law is amended by adding  a
new subsection (d) to read as follows:
  (D)   AN   INSURER,   A  CORPORATION  ORGANIZED  PURSUANT  TO  ARTICLE
FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAPTER,  A  STUDENT
HEALTH  PLAN  ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND
ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, OR LICENSED MAINTENANCE  ORGAN-
IZATION UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, THAT ISSUES A
HEALTH  INSURANCE  POLICY  OR  CONTRACT  THAT PROVIDES ELIGIBILITY FOR A
SPECIAL ENROLLMENT PERIOD SHALL ALLOW FOR THE ENROLLMENT OF  A  PREGNANT
INDIVIDUAL  AT  ANY  TIME  AFTER  THE  COMMENCEMENT OF THE PREGNANCY, AS
CERTIFIED BY A HEALTH CARE PRACTITIONER LICENSED PURSUANT TO TITLE EIGHT
OF THE EDUCATION LAW ACTING WITHIN THE SCOPE OF  HIS  OR  HER  PRACTICE.
UPON  ENROLLMENT,  COVERAGE SHALL BE DEEMED TO HAVE BEEN IN EFFECT AS OF
THE DATE OF APPLICATION.
  S 2. The public health law is amended by adding a new section 2507  to
read as follows:
  S  2507.  SPECIAL  ENROLLMENT;  PREGNANCY.  AN  INSURER, A CORPORATION
ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNIC-
IPAL COOPERATIVE HEALTH  BENEFIT  PLAN  CERTIFIED  PURSUANT  TO  ARTICLE
FORTY-SEVEN  OF  THE INSURANCE LAW, A STUDENT HEALTH PLAN ESTABLISHED OR

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

                                                           LBD11356-02-5

S. 5686--A                          2

MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED  TWENTY-FOUR  OF
THE  INSURANCE  LAW,  OR LICENSED MAINTENANCE ORGANIZATION UNDER ARTICLE
FORTY-FOUR OF THIS CHAPTER, THAT ISSUES A  HEALTH  INSURANCE  POLICY  OR
CONTRACT THAT PROVIDES ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD SHALL
ALLOW  FOR THE ENROLLMENT OF A PREGNANT INDIVIDUAL AT ANY TIME AFTER THE
COMMENCEMENT OF THE PREGNANCY, AS CERTIFIED BY A HEALTH CARE PRACTITION-
ER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, ACTING  WITHIN
HIS OR HER SCOPE OF PRACTICE. UPON SUCH ENROLLMENT, ANY QUALIFIED HEALTH
PLAN  IN  THE STATE HEALTH INSURANCE EXCHANGE SHALL ENSURE THAT COVERAGE
IS EFFECTIVE ON THE DATE OF APPLICATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
qualified health plans issued, renewed, modified, altered or amended  on
or  after  such  effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.