S T A T E O F N E W Y O R K
________________________________________________________________________
6007
2021-2022 Regular Sessions
I N A S S E M B L Y
March 4, 2021
___________
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-c
to read as follows:
§ 2509-C. 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.
LBD07609-01-1
A. 6007 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.