S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2807
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. GLICK, DINOWITZ, JAFFEE, L. ROSENTHAL, GOTTFRIED
   -- Multi-Sponsored by  --  M.  of  A.  CYMBROWITZ,  GALEF,  O'DONNELL,
   PAULIN, SIMON -- read once and referred to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law,  in  relation to requiring that
   provision be made for pregnancy termination procedures in every  indi-
   vidual  or  group policy or contract which provides coverage or indem-
   nity for hospital, surgical or medical care and which offers maternity
   care coverage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 10-a to read as follows:
   (10-A) (A) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL  OR  MEDICAL
 COVERAGE  AND WHICH OFFERS MATERNITY CARE COVERAGE PURSUANT TO PARAGRAPH
 TEN OF THIS SUBSECTION SHALL ALSO PROVIDE COVERAGE FOR PREGNANCY  TERMI-
 NATION  PROCEDURES WHICH ARE PERFORMED BY A LICENSED PHYSICIAN, UPON THE
 POLICYHOLDER OR UPON HIS SPOUSE OR UPON A  NONSPOUSE  WHO  IS  DEPENDENT
 UPON  THE  POLICYHOLDER,  IN  ANY  LICENSED HOSPITAL OR MEDICAL FACILITY
 APPROVED BY THE STATE COMMISSIONER OF HEALTH, TO THE  SAME  EXTENT  THAT
 COVERAGE IS PROVIDED FOR ILLNESS OR DISEASE UNDER THE POLICY, SUBJECT TO
 THE PROVISIONS OF THIS PARAGRAPH.
   (B)  PROVISION  FOR  SUCH  COVERAGE SHALL BE SUBJECT TO ANY GUIDELINES
 WHICH ARE NOW OR HEREAFTER ISSUED BY  THE  MEDICAL  SPECIALTY  SOCIETIES
 RECOGNIZED  BY  THE  AMERICAN BOARD OF MEDICAL SPECIALTIES OF OBSTETRICS
 AND GYNECOLOGY, FOR PREGNANCY TERMINATIONS AND ABORTIONS.
   (C) SUCH COVERAGE SHALL BE PROVIDED IN  A  MANNER  WHICH  ENSURES  THE
 CONFIDENTIALITY   AND  PRIVACY  OF  THE  OCCURRENCE  OF  THE  PROCEDURES
 PERFORMED TO THE PERSON FOR WHOM COVERAGE IS PROVIDED.
   (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN  A  GIVEN  POLICY,  BUT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05010-01-9

 A. 2807                             2
 
 SUCH  COVERAGE  SHALL NOT BE SUBJECT TO THE REIMBURSEMENT PERIOD LIMITA-
 TION OR MINIMUM PERIOD OF COVERAGE LIMITATION  APPLICABLE  TO  MATERNITY
 CARE COVERAGE.
   (E)  COVERAGE  UNDER  THIS  PARAGRAPH  SHALL NOT RESTRICT OR ELIMINATE
 EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN  THIS  PARAGRAPH
 SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
 BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 5-a to read as follows:
   (5-A) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
 ERY IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL  COVERAGE
 AND  WHICH  OFFERS MATERNITY CARE COVERAGE PURSUANT TO PARAGRAPH FIVE OF
 THIS SUBSECTION SHALL ALSO PROVIDE COVERAGE  FOR  PREGNANCY  TERMINATION
 PROCEDURES  WHICH ARE PERFORMED BY A LICENSED PHYSICIAN, UPON THE POLICY
 BENEFICIARY CERTIFICATE HOLDER OR UPON HIS SPOUSE OR  UPON  A  NONSPOUSE
 WHO  IS DEPENDENT UPON THE POLICY BENEFICIARY CERTIFICATE HOLDER, IN ANY
 LICENSED HOSPITAL OR MEDICAL FACILITY APPROVED BY THE STATE COMMISSIONER
 OF HEALTH, TO THE SAME EXTENT THAT COVERAGE IS PROVIDED FOR  ILLNESS  OR
 DISEASE UNDER THE POLICY, SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH.
   (B)  PROVISION  FOR  SUCH  COVERAGE SHALL BE SUBJECT TO ANY GUIDELINES
 WHICH ARE NOW OR HEREAFTER ISSUED BY  THE  MEDICAL  SPECIALTY  SOCIETIES
 RECOGNIZED  BY  THE  AMERICAN BOARD OF MEDICAL SPECIALTIES OF OBSTETRICS
 AND GYNECOLOGY, FOR PREGNANCY TERMINATIONS AND ABORTIONS.
   (C) SUCH COVERAGE SHALL BE PROVIDED IN  A  MANNER  WHICH  ENSURES  THE
 CONFIDENTIALITY   AND  PRIVACY  OF  THE  OCCURRENCE  OF  THE  PROCEDURES
 PERFORMED TO THE PERSON FOR WHOM COVERAGE IS PROVIDED.
   (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN  A  GIVEN  POLICY,  BUT
 SUCH  COVERAGE  SHALL NOT BE SUBJECT TO THE REIMBURSEMENT PERIOD LIMITA-
 TION OR MINIMUM PERIOD OF COVERAGE LIMITATION  APPLICABLE  TO  MATERNITY
 CARE COVERAGE.
   (E)  COVERAGE  UNDER  THIS  PARAGRAPH  SHALL NOT RESTRICT OR ELIMINATE
 EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN  THIS  PARAGRAPH
 SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
 BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (c-1) to read as follows:
   (C-1)  (A)  EVERY  CONTRACT  ISSUED  BY  A  CORPORATION SUBJECT TO THE
 PROVISIONS OF THIS ARTICLE  WHICH  PROVIDES  HOSPITAL  SERVICE,  MEDICAL
 EXPENSE  INDEMNITY,  OR  BOTH,  AND WHICH OFFERS MATERNITY CARE COVERAGE
 PURSUANT TO SUBSECTION (C) OF THIS SECTION SHALL ALSO  PROVIDE  COVERAGE
 FOR  PREGNANCY  TERMINATION PROCEDURES WHICH ARE PERFORMED BY A LICENSED
 PHYSICIAN, UPON THE CONTRACT BENEFICIARY CERTIFICATE HOLDER OR UPON  HIS
 SPOUSE  OR UPON A NONSPOUSE WHO IS DEPENDENT UPON THE CONTRACT BENEFICI-
 ARY CERTIFICATE HOLDER, IN ANY LICENSED  HOSPITAL  OR  MEDICAL  FACILITY
 APPROVED  BY  THE  STATE COMMISSIONER OF HEALTH, TO THE SAME EXTENT THAT
 COVERAGE IS PROVIDED FOR ILLNESS OR DISEASE UNDER THE CONTRACT,  SUBJECT
 TO THE PROVISIONS OF THIS SUBSECTION.
   (B)  PROVISION  FOR  SUCH  COVERAGE SHALL BE SUBJECT TO ANY GUIDELINES
 WHICH ARE NOW OR HEREAFTER ISSUED BY  THE  MEDICAL  SPECIALTY  SOCIETIES
 RECOGNIZED  BY  THE  AMERICAN BOARD OF MEDICAL SPECIALTIES OF OBSTETRICS
 AND GYNECOLOGY, FOR PREGNANCY TERMINATIONS AND ABORTIONS.
   (C) SUCH COVERAGE SHALL BE PROVIDED IN  A  MANNER  WHICH  ENSURES  THE
 CONFIDENTIALITY   AND  PRIVACY  OF  THE  OCCURRENCE  OF  THE  PROCEDURES
 PERFORMED TO THE PERSON FOR WHOM COVERAGE IS PROVIDED.

 A. 2807                             3
 
   (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN  CONTRACT,  BUT
 SUCH  COVERAGE  SHALL NOT BE SUBJECT TO THE REIMBURSEMENT PERIOD LIMITA-
 TION  OR  MINIMUM  PERIOD OF COVERAGE LIMITATION APPLICABLE TO MATERNITY
 CARE COVERAGE.
   (E) COVERAGE UNDER THIS SUBSECTION SHALL  NOT  RESTRICT  OR  ELIMINATE
 EXISTING   COVERAGE  PROVIDED  BY  THE  CONTRACT  AND  NOTHING  IN  THIS
 SUBSECTION SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY  EXIST-
 ING RIGHT OR BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   §  4. 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 only apply to
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such date.