Assembly Bill A6650A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6650--A
                                                         Cal. No. 262
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, TAYLOR -- read once and referred to
   the Committee on Labor -- reported from committee, advanced to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading

 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 ALL FEDERAL FOOD AND DRUG ADMINIS-
 TRATION-APPROVED  CONTRACEPTIVE  DRUGS,  DEVICES,  AND  OTHER   PRODUCTS
 INCLUDING  ALL  FEDERAL  FOOD AND DRUG ADMINISTRATION-APPROVED OVER-THE-
 COUNTER CONTRACEPTIVE DRUGS, DEVICES, AND PRODUCTS AS PRESCRIBED  OR  AS
 OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL 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 MODIFYING OR REPLACING  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 CHANGE IN COVERAGE.
 WHERE  THE  CERTIFICATE  HOLDERS  ARE  EMPLOYEES  REPRESENTED BY A LABOR
 ORGANIZATION, SUCH NOTICE SHALL ALSO BE PROMPTLY PROVIDED TO THE  REPRE-
 SENTATIVE  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08865-04-9

 A. 6650--A                          2
 
   § 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 DOES NOT
 INCLUDE ANY OR ALL CONTRACEPTIVE COVERAGE, AS SUCH TERM  IS  DEFINED  IN
 PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED SEVENTEEN OF
 THIS ARTICLE, PURSUANT TO AN EXEMPTION PROVIDED UNDER PARAGRAPH  SIXTEEN
 OF  SUBSECTION  (1)  OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF
 THE INSURANCE LAW OR SUBSECTION (CC)  OF  SECTION  FOUR  THOUSAND  THREE
 HUNDRED  THREE  OF  THE  INSURANCE  LAW.  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 ADMINIS-
 TRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH DRUGS OR DEVICES  ARE
 NOT INCLUDED IN SUCH INSURANCE COVERAGE. SUCH NOTICE SHALL BE PROMINENT-
 LY  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 COVER-
 AGE 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  DEPARTMENT 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.