The New York State Senate

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

                                  8684

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            October 23, 2019
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Insurance

AN ACT to amend the insurance law and the public health law, in relation
  to  permitting  pregnant women to enroll in the state health insurance
  exchange at any time without penalty

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

  Section  1. Section 3217-c of the insurance law is amended by adding a
new subsection (d) to read as follows:
  (D) AN INSURER, SUBJECT TO THE PROVISIONS OF THIS  ARTICLE,  A  CORPO-
RATION  ORGANIZED  PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, OR A
LICENSED MAINTENANCE ORGANIZATION UNDER ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW, THAT ISSUES A  HEALTH  INSURANCE  POLICY  OR  CONTRACT  THAT
PROVIDES ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD SHALL ALLOW FOR THE
ENROLLMENT  OF  A PREGNANT INDIVIDUAL AT ANY TIME AFTER THE COMMENCEMENT
OF THE PREGNANCY, AS CERTIFIED BY A HEALTH  CARE  PRACTITIONER  LICENSED
PURSUANT  TO TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN THE SCOPE OF
HIS OR HER PRACTICE.  SUCH HEALTH INSURANCE POLICY OR CONTRACT SHALL NOT
IMPOSE A FEE OR OTHER PENALTY FOR SPECIAL  ENROLLMENT  OF  THE  PREGNANT
INDIVIDUAL.  COVERAGE SHALL BE EFFECTIVE AS OF THE FIRST OF THE MONTH IN
WHICH THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
  §  2.  The public health law is amended by adding a new section 2509-a
to read as follows:
  § 2509-A. SPECIAL ENROLLMENT; PREGNANCY. AN INSURER,  SUBJECT  TO  THE
PROVISIONS  OF  ARTICLE  THIRTY-TWO  OF THE INSURANCE LAW, A CORPORATION
ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE  INSURANCE  LAW,  OR  A
LICENSED MAINTENANCE ORGANIZATION UNDER ARTICLE FORTY-FOUR OF THIS CHAP-
TER,  THAT  ISSUES  A  HEALTH INSURANCE POLICY OR CONTRACT THAT PROVIDES
ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD SHALL ALLOW FOR THE  ENROLL-
MENT  OF A PREGNANT INDIVIDUAL AT ANY TIME AFTER THE COMMENCEMENT OF THE
PREGNANCY, AS CERTIFIED BY A HEALTH CARE PRACTITIONER LICENSED  PURSUANT

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

                                                           LBD13283-02-9

A. 8684                             2

TO  TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER SCOPE OF
PRACTICE.  SUCH HEALTH INSURANCE POLICY OR CONTRACT SHALL NOT  IMPOSE  A
FEE  OR OTHER PENALTY FOR SPECIAL ENROLLMENT OF THE PREGNANT INDIVIDUAL.
COVERAGE SHALL BE DEEMED EFFECTIVE AS OF THE FIRST OF THE MONTH IN WHICH
THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
  §  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 issued, renewed, modified, altered or amended on
or after such effective date.    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  to  be
made and completed on or before such effective date.