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

                                  9223

                          I N  A S S E M B L Y

                            February 4, 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 a chapter  of  the  laws  of  2015
  amending  the  insurance  law  and  the  public health law relating to
  permitting pregnant women to enroll  in  the  state  health  insurance
  exchange at any time, as proposed in legislative bills numbers S. 5972
  and A. 6780-B, in relation to enrollment periods for pregnant women in
  health  maintainers organizations; and to repeal certain provisions of
  the insurance law and the public health law relating thereto

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

  Section  1.  Subsection (d) of section 3217-c of the insurance law, as
added by a chapter of the laws of 2015 amending the  insurance  law  and
the public health law relating to permitting pregnant women to enroll in
the state health insurance exchange at any time, as proposed in legisla-
tive bills numbers S. 5972 and A. 6780-B, is REPEALED.
  S  2.  Paragraph  4 of subsection (b) of section 4328 of the insurance
law, as added by section 46 of part D of chapter 56 of the laws of 2013,
is amended to read as follows:
  (4)(A) The individual enrollee direct payment contract offered  pursu-
ant  to  this  section shall have the same enrollment periods, including
special enrollment periods, as required for an individual direct payment
contract offered within the health benefit exchange established pursuant
to section 1311 of the affordable care act, 42 U.S.C. S  18031,  or  any
regulations promulgated thereunder.
  (B) IN ADDITION TO THE ENROLLMENT PERIODS REQUIRED IN SUBPARAGRAPH (A)
OF  THIS  PARAGRAPH,  AN  INDIVIDUAL  ENROLLEE  DIRECT  PAYMENT CONTRACT
OFFERED PURSUANT TO THIS SECTION SHALL ALLOW FOR  THE  ENROLLMENT  OF  A
PREGNANT  INDIVIDUAL.  SUCH  INDIVIDUAL  MAY  ENROLL AT ANY TIME AFTER A
HEALTH CARE PROFESSIONAL LICENSED PURSUANT TO TITLE EIGHT OF THE  EDUCA-
TION  LAW  AND  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE CERTIFIES
THAT THE INDIVIDUAL IS PREGNANT.  UPON  ENROLLMENT,  COVERAGE  SHALL  BE
EFFECTIVE  AS  OF  THE  FIRST  DAY OF THE MONTH IN WHICH THE HEALTH CARE
PROFESSIONAL CERTIFIES THAT THE INDIVIDUAL IS PREGNANT, UNLESS THE INDI-

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

                                                           LBD09939-19-6

A. 9223                             2

VIDUAL ELECTS TO HAVE COVERAGE EFFECTIVE ON THE FIRST DAY OF  THE  MONTH
FOLLOWING  THE  DATE  THAT  THE INDIVIDUAL RECEIVED CERTIFICATION OF THE
PREGNANCY.
  S  3.  Section 2507 of the public health law, as added by a chapter of
the laws of 2015 amending the insurance law and the  public  health  law
relating  to  permitting  pregnant  women  to enroll in the state health
insurance exchange at any time, as proposed in legislative bills numbers
S. 5972 and A. 6780-B, is REPEALED.
  S 4. Section 3 of a chapter of the laws of 2015, amending  the  insur-
ance law and the public health law relating to permitting pregnant women
to  enroll  in  the  state  health  insurance  exchange  at any time, as
proposed in legislative bills numbers S. 5972 and A. 6780-B, is  amended
to read as follows:
  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]  POLICIES OR CONTRACTS issued, renewed, modi-
fied, altered or amended on or  after  such  effective  date;  provided,
however,  that  effective  immediately,  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.
  S 5. This act shall take effect on the  same  date  and  in  the  same
manner  as a chapter of the laws of 2015, amending the insurance law and
the public health law relating to permitting pregnant women to enroll in
the state health insurance exchange at any time, as proposed in legisla-
tive bills numbers S. 5972 and A. 6780-B, takes effect.