Senate Bill S3120A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3120--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08865-02-9

 S. 3120--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, AS A RESULT OF CONSCIENTIOUS OBJECTIONS OF  THE  EMPLOYER.
 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 APPLI-
 CATION 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  OPPORTU-
 NITIES, 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 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.