S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4758                                                  A. 6144
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  STAVISKY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor
 
 IN ASSEMBLY -- Introduced by M. of A. SEAWRIGHT,  GOTTFRIED,  ROSENTHAL,
   ORTIZ, O'DONNELL, SIMOTAS, ROZIC, FAHY, BARRETT, OTIS, LIFTON, PICHAR-
   DO,  QUART,  COOK,  MAYER,  JAFFEE,  DINOWITZ,  PEOPLES-STOKES, GALEF,
   BLAKE, JOYNER, JENNE -- Multi-Sponsored by --  M.  of  A.  BRAUNSTEIN,
   GLICK,  HOOPER,  PERRY, SIMON, THIELE -- read once and referred to the
   Committee on Labor
 
 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10028-01-7

 S. 4758                             2                            A. 6144
 
 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.
   § 3. The labor law is amended by adding a new section 217-a to read as
 follows:
   § 217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE  COVERAGE.
 AN EMPLOYER WHO IS ISSUED A POLICY OR CONTRACT FOR GROUP ACCIDENT, 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  APPLICATION
 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 OPPORTUNITIES,  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 DEPART-
 MENT OF FINANCIAL SERVICES, IS AUTHORIZED TO PROMULGATE SUCH  RULES  AND
 REGULATIONS  AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF
 THIS SECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.