S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3394
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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:
   § 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 SEVENTEEN,  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 DIFFER-
 ENCES BETWEEN EACH OF THE FOLLOWING:
   (1) REPRODUCTIVE HEALTH CARE  COVERAGE  THEY  RECEIVED  THROUGH  THEIR
 PREVIOUS PLAN;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04563-01-7

 A. 3394                             2
 
   (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 SEVENTEEN 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.
   § 2. The insurance law is amended by adding a new section 4329 to read
 as follows:
   § 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 SEVENTEEN,  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 DIFFER-
 ENCES 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 SEVENTEEN 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.
   § 3. The public health law is amended by adding a new section 4415  to
 read as follows:
   §  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

 A. 3394                             3
 
 INSURANCE PLAN, THE HEALTH MAINTENANCE ORGANIZATION WHICH  PROVIDES  THE
 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 SEVENTEEN, 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 SEVENTEEN 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.
   § 4. This act shall take effect immediately.