S T A T E   O F   N E W   Y O R K
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                                  10476

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law and the public health law, in relation
  to ensuring reproductive health care during auto enrollment

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

  Section  1.  The insurance law is amended by adding a new section 3242
to read as follows:
  S 3242. ENSURING REPRODUCTIVE HEALTH CARE DURING AUTO ENROLLMENT.  (A)
UPON  THE AUTOMATIC ENROLLMENT OF AN INDIVIDUAL BY THE DEPARTMENT INTO A
HEALTH INSURANCE PLAN  PROVIDED  BY  A  HEALTH  INSURANCE  COMPANY  THAT
EXCLUDES  COVERAGE  FOR  REPRODUCTIVE  HEALTH  CARE  SERVICES  THAT WERE
COVERED BY THE INDIVIDUAL'S PREVIOUS HEALTH INSURANCE PLAN,  THE  HEALTH
INSURANCE  COMPANY  WHICH  PROVIDES THE PLAN IN WHICH THE INDIVIDUAL WAS
AUTOMATICALLY ENROLLED SHALL NOTIFY THE INDIVIDUAL  OF  THE  DIFFERENCES
BETWEEN EACH OF THE FOLLOWING:
  (1)  REPRODUCTIVE  HEALTH  CARE  COVERAGE  THEY RECEIVED THROUGH THEIR
PREVIOUS PLAN;
  (2) REPRODUCTIVE HEALTH CARE COVERAGE THEY  WOULD  RECEIVE  UNDER  THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND
  (3)  THE  REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE UNDER THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  (B) FOR THE CALENDAR YEAR TWO THOUSAND SIXTEEN, AN INDIVIDUAL WHO  WAS
AUTOMATICALLY  ENROLLED  IN A HEALTH INSURANCE PLAN PROVIDED BY A HEALTH
INSURANCE COMPANY THAT EXCLUDES COVERAGE FOR  REPRODUCTIVE  HEALTH  CARE
SERVICES THAT WERE COVERED BY THEIR PREVIOUS HEALTH INSURANCE PLAN SHALL
BE  NOTIFIED  BY THE HEALTH INSURANCE COMPANY WHICH PROVIDES THE PLAN IN
WHICH THE INDIVIDUAL  WAS  AUTOMATICALLY  ENROLLED  OF  THE  DIFFERENCES
BETWEEN EACH OF THE FOLLOWING:
  (1)  REPRODUCTIVE  HEALTH  CARE  COVERAGE  THEY RECEIVED THROUGH THEIR
PREVIOUS PLAN;
  (2) REPRODUCTIVE HEALTH CARE COVERAGE THEY  WOULD  RECEIVE  UNDER  THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15567-04-6
              

A. 10476                            2

  (3)  THE  REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE UNDER THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  (C) FOR INDIVIDUALS WHO WERE AUTOMATICALLY ENROLLED IN A HEALTH INSUR-
ANCE  PLAN  DURING  THE  CALENDAR YEAR TWO THOUSAND SIXTEEN PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, THIS INFORMATION SHALL BE  DELIVERED  TO
THEM  IN  WRITING  NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION; FOR INDIVIDUALS WHO ARE AUTOMATICALLY ENROLLED IN A HEALTH
INSURANCE PLAN AFTER THE EFFECTIVE DATE OF THIS SECTION,  THIS  INFORMA-
TION  SHALL  BE  DELIVERED  TO THEM IN WRITING NO LATER THAN THIRTY DAYS
AFTER AUTOMATIC ENROLLMENT IN THE PLAN.
  S 2. The insurance law is amended by adding a new section 4329 to read
as follows:
  S 4329. ENSURING REPRODUCTIVE HEALTH CARE DURING AUTO ENROLLMENT.  (A)
UPON THE AUTOMATIC ENROLLMENT OF AN INDIVIDUAL BY THE DEPARTMENT INTO  A
HEALTH  INSURANCE  PLAN  PROVIDED  BY  A  HEALTH  INSURANCE COMPANY THAT
EXCLUDES COVERAGE  FOR  REPRODUCTIVE  HEALTH  CARE  SERVICES  THAT  WERE
COVERED  BY  THE INDIVIDUAL'S PREVIOUS HEALTH INSURANCE PLAN, THE HEALTH
INSURANCE COMPANY WHICH PROVIDES THE PLAN IN WHICH  THE  INDIVIDUAL  WAS
AUTOMATICALLY  ENROLLED  SHALL  NOTIFY THE INDIVIDUAL OF THE DIFFERENCES
BETWEEN EACH OF THE FOLLOWING:
  (1) REPRODUCTIVE HEALTH CARE  COVERAGE  THEY  RECEIVED  THROUGH  THEIR
PREVIOUS PLAN;
  (2)  REPRODUCTIVE  HEALTH  CARE  COVERAGE THEY WOULD RECEIVE UNDER THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND
  (3) THE REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE  UNDER  THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  (B)  FOR THE CALENDAR YEAR TWO THOUSAND SIXTEEN, AN INDIVIDUAL WHO WAS
AUTOMATICALLY ENROLLED IN A HEALTH INSURANCE PLAN PROVIDED BY  A  HEALTH
INSURANCE  COMPANY  THAT  EXCLUDES COVERAGE FOR REPRODUCTIVE HEALTH CARE
SERVICES THAT WERE COVERED BY THEIR PREVIOUS HEALTH INSURANCE PLAN SHALL
BE NOTIFIED BY THE HEALTH INSURANCE COMPANY WHICH PROVIDES THE  PLAN  IN
WHICH  THE  INDIVIDUAL  WAS  AUTOMATICALLY  ENROLLED  OF THE DIFFERENCES
BETWEEN EACH OF THE FOLLOWING:
  (1) REPRODUCTIVE HEALTH CARE  COVERAGE  THEY  RECEIVED  THROUGH  THEIR
PREVIOUS PLAN;
  (2)  REPRODUCTIVE  HEALTH  CARE  COVERAGE THEY WOULD RECEIVE UNDER THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND
  (3) THE REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE  UNDER  THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  (C) FOR INDIVIDUALS WHO WERE AUTOMATICALLY ENROLLED IN A HEALTH INSUR-
ANCE  PLAN  DURING  THE  CALENDAR YEAR TWO THOUSAND SIXTEEN PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, THIS INFORMATION SHALL BE  DELIVERED  TO
THEM  IN  WRITING  NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION; FOR INDIVIDUALS WHO ARE AUTOMATICALLY ENROLLED IN A HEALTH
INSURANCE PLAN AFTER THE EFFECTIVE DATE OF THIS SECTION,  THIS  INFORMA-
TION  SHALL  BE  DELIVERED  TO THEM IN WRITING NO LATER THAN THIRTY DAYS
AFTER AUTOMATIC ENROLLMENT IN THE PLAN.
  S 3. The public health law is amended by adding a new section 4415  to
read as follows:
  S  4415.  ENSURING REPRODUCTIVE HEALTH CARE DURING AUTO ENROLLMENT. 1.
UPON THE AUTOMATIC ENROLLMENT OF AN  INDIVIDUAL  BY  THE  DEPARTMENT  OF
FINANCIAL  SERVICES  INTO  A  HEALTH INSURANCE PLAN PROVIDED BY A HEALTH
MAINTENANCE ORGANIZATION THAT EXCLUDES COVERAGE FOR REPRODUCTIVE  HEALTH
CARE  SERVICES  THAT  WERE  COVERED  BY THE INDIVIDUAL'S PREVIOUS HEALTH
INSURANCE PLAN, THE HEALTH MAINTENANCE ORGANIZATION WHICH  PROVIDES  THE

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PLAN IN WHICH THE INDIVIDUAL WAS AUTOMATICALLY ENROLLED SHALL NOTIFY THE
INDIVIDUAL OF THE DIFFERENCES BETWEEN EACH OF THE FOLLOWING:
  (A)  REPRODUCTIVE  HEALTH  CARE  COVERAGE  THEY RECEIVED THROUGH THEIR
PREVIOUS PLAN;
  (B) REPRODUCTIVE HEALTH CARE COVERAGE THEY  WOULD  RECEIVE  UNDER  THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND
  (C)  THE  REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE UNDER THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  2. FOR THE CALENDAR YEAR TWO THOUSAND SIXTEEN, AN INDIVIDUAL  WHO  WAS
AUTOMATICALLY  ENROLLED  IN A HEALTH INSURANCE PLAN PROVIDED BY A HEALTH
MAINTENANCE ORGANIZATION THAT EXCLUDES COVERAGE FOR REPRODUCTIVE  HEALTH
CARE  SERVICES THAT WERE COVERED BY THEIR PREVIOUS HEALTH INSURANCE PLAN
SHALL BE NOTIFIED BY THE HEALTH MAINTENANCE ORGANIZATION WHICH  PROVIDES
THE  PLAN  IN  WHICH  THE  INDIVIDUAL  WAS AUTOMATICALLY ENROLLED OF THE
DIFFERENCES BETWEEN EACH OF THE FOLLOWING:
  (A) REPRODUCTIVE HEALTH CARE  COVERAGE  THEY  RECEIVED  THROUGH  THEIR
PREVIOUS PLAN;
  (B)  REPRODUCTIVE  HEALTH  CARE  COVERAGE THEY WOULD RECEIVE UNDER THE
PLAN IN WHICH THEY WERE AUTOMATICALLY ENROLLED; AND
  (C) THE REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE COVERAGE  UNDER  THE
ESSENTIAL HEALTH BENEFITS PACKAGE.
  3.  FOR INDIVIDUALS WHO WERE AUTOMATICALLY ENROLLED IN A HEALTH INSUR-
ANCE PLAN DURING THE CALENDAR YEAR TWO THOUSAND  SIXTEEN  PRIOR  TO  THE
EFFECTIVE  DATE  OF THIS SECTION, THIS INFORMATION SHALL BE DELIVERED TO
THEM IN WRITING NO LATER THAN THIRTY DAYS AFTER THE  EFFECTIVE  DATE  OF
THIS SECTION; FOR INDIVIDUALS WHO ARE AUTOMATICALLY ENROLLED IN A HEALTH
INSURANCE  PLAN  AFTER THE EFFECTIVE DATE OF THIS SECTION, THIS INFORMA-
TION SHALL BE DELIVERED TO THEM IN WRITING NO  LATER  THAN  THIRTY  DAYS
AFTER AUTOMATIC ENROLLMENT IN THE PLAN.
  S 4. This act shall take effect immediately.