S T A T E O F N E W Y O R K
________________________________________________________________________
7002
2021-2022 Regular Sessions
I N S E N A T E
May 21, 2021
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed 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. Legislative findings. The legislature finds that New York
has a long history of advancing gender equity and, as part of that
effort, reproductive health.
The legislature additionally finds that access to the full range of
health benefits, as guaranteed under the laws of this state, provides
all New Yorkers with the opportunity to lead healthier and more fulfill-
ing lives.
The legislature also finds that neither a person's income level nor
the type of health insurance they utilize should prevent them from
having access to a full range of reproductive health care, including
abortion care.
The legislature additionally finds that restrictions and barriers to
health coverage for reproductive health care have a disproportionate
impact on low-income people, people of color, immigrants, and young
people and that these individuals are often already disadvantaged in
their access to resources, information, and services.
The legislature also finds that the exclusion of coverage for repro-
ductive health care services for women and those with the capacity to
become pregnant is discrimination on the basis of sex and pregnancy.
The legislature finds that abortion care is part of pregnancy-related
care, and failure to provide coverage for the full range of pregnancy-
related care interferes with an individual's personal health care deci-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11093-01-1
S. 7002 2
sion making, their overall health and well-being and with their consti-
tutionally protected right to safe and legal abortion care.
§ 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 36 to read as follows:
(36)(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 ABORTION SERVICES
FOR AN ENROLLEE.
(B) COVERAGE FOR ABORTION SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES
OR COINSURANCE, INCLUDING CO-PAYMENTS, UNLESS THE POLICY IS A HIGH
DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION 223(C)(2) OF THE INTERNAL
REVENUE CODE OF 1986, IN WHICH CASE COVERAGE FOR ABORTION MAY BE SUBJECT
TO THE PLAN'S ANNUAL DEDUCTIBLE.
(C) IF THE SUPERINTENDENT CONCLUDES THAT ENFORCEMENT OF THIS PARAGRAPH
MAY ADVERSELY AFFECT THE ALLOCATION OF FEDERAL FUNDS TO THE STATE, THE
SUPERINTENDENT MAY GRANT AN EXEMPTION TO THE REQUIREMENTS OF THIS PARA-
GRAPH, BUT ONLY TO THE MINIMUM EXTENT NECESSARY TO ENSURE THE CONTINUED
RECEIPT OF FEDERAL FUNDS.
§ 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 22 to read as follows:
(22)(A) EVERY POLICY 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 ABORTION
SERVICES FOR AN ENROLLEE.
(B) COVERAGE FOR ABORTION SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES
OR COINSURANCE, INCLUDING CO-PAYMENTS, UNLESS THE POLICY IS A HIGH
DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION 223(C)(2) OF THE INTERNAL
REVENUE CODE OF 1986, IN WHICH CASE COVERAGE FOR ABORTION MAY BE SUBJECT
TO THE PLAN'S ANNUAL DEDUCTIBLE.
(C) NOTWITHSTANDING ANY OTHER PROVISION, A GROUP POLICY THAT PROVIDES
HOSPITAL, SURGICAL, OR MEDICAL EXPENSE COVERAGE DELIVERED OR ISSUED FOR
DELIVERY IN THIS STATE TO A RELIGIOUS EMPLOYER, AS DEFINED IN ITEM ONE
OF SUBPARAGRAPH (E) OF PARAGRAPH SIXTEEN OF SUBSECTION (L) OF THIS
SECTION, MAY EXCLUDE COVERAGE FOR ABORTION ONLY IF THE INSURER:
(I) OBTAINS AN ANNUAL CERTIFICATION FROM THE GROUP POLICYHOLDER THAT
THE POLICYHOLDER IS A RELIGIOUS EMPLOYER AND THAT THE RELIGIOUS EMPLOYER
REQUESTS A POLICY WITHOUT COVERAGE FOR ABORTION;
(II) ISSUES A RIDER TO EACH CERTIFICATEHOLDER AT NO PREMIUM TO BE
CHARGED TO THE CERTIFICATEHOLDER OR RELIGIOUS EMPLOYER FOR THE RIDER,
THAT PROVIDES COVERAGE FOR ABORTION SUBJECT TO THE SAME RULES AS WOULD
HAVE BEEN APPLIED TO THE SAME CATEGORY OF TREATMENT IN THE POLICY ISSUED
TO THE RELIGIOUS EMPLOYER. THE RIDER SHALL CLEARLY AND CONSPICUOUSLY
SPECIFY THAT THE RELIGIOUS EMPLOYER DOES NOT ADMINISTER ABORTION BENE-
FITS, BUT THAT THE INSURER IS ISSUING A RIDER FOR COVERAGE OF ABORTION,
AND SHALL PROVIDE THE INSURER'S CONTACT INFORMATION FOR QUESTIONS; AND
(III) PROVIDES NOTICE OF THE ISSUANCE OF THE POLICY AND RIDER TO THE
SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
(D) IF THE SUPERINTENDENT CONCLUDES THAT ENFORCEMENT OF THIS PARAGRAPH
MAY ADVERSELY AFFECT THE ALLOCATION OF FEDERAL FUNDS TO THE STATE, THE
SUPERINTENDENT MAY GRANT AN EXEMPTION TO THE REQUIREMENTS, BUT ONLY TO
THE MINIMUM EXTENT NECESSARY TO ENSURE THE CONTINUED RECEIPT OF FEDERAL
FUNDS.
§ 4. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
(SS)(1) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
COVERAGE AND WHICH OFFERS MATERNITY CARE COVERAGE PURSUANT TO SUBSECTION
S. 7002 3
(C) OF THIS SECTION SHALL ALSO PROVIDE COVERAGE FOR ABORTION SERVICES
FOR AN ENROLLEE.
(2) COVERAGE FOR ABORTION SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES
OR COINSURANCE, INCLUDING CO-PAYMENTS, UNLESS THE POLICY IS A HIGH
DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION 223(C)(2) OF THE INTERNAL
REVENUE CODE OF 1986, IN WHICH CASE COVERAGE FOR ABORTION MAY BE SUBJECT
TO THE PLAN'S ANNUAL DEDUCTIBLE.
(3) NOTWITHSTANDING ANY OTHER PROVISION, A GROUP POLICY THAT PROVIDES
HOSPITAL, SURGICAL, OR MEDICAL EXPENSE COVERAGE DELIVERED OR ISSUED FOR
DELIVERY IN THIS STATE TO A RELIGIOUS EMPLOYER, AS DEFINED IN PARAGRAPH
FIVE OF SUBSECTION (CC) OF THIS SECTION, MAY EXCLUDE COVERAGE FOR
ABORTION ONLY IF THE INSURER:
(A) OBTAINS AN ANNUAL CERTIFICATION FROM THE GROUP POLICYHOLDER THAT
THE POLICYHOLDER IS A RELIGIOUS EMPLOYER AND THAT THE RELIGIOUS EMPLOYER
REQUESTS A POLICY WITHOUT COVERAGE FOR ABORTION;
(B) ISSUES A RIDER TO EACH CERTIFICATEHOLDER AT NO PREMIUM TO BE
CHARGED TO THE CERTIFICATEHOLDER OR RELIGIOUS EMPLOYER FOR THE RIDER,
THAT PROVIDES COVERAGE FOR ABORTION SUBJECT TO THE SAME RULES AS WOULD
HAVE BEEN APPLIED TO THE SAME CATEGORY OF TREATMENT IN THE POLICY ISSUED
TO THE RELIGIOUS EMPLOYER. THE RIDER SHALL CLEARLY AND CONSPICUOUSLY
SPECIFY THAT THE RELIGIOUS EMPLOYER DOES NOT ADMINISTER ABORTION BENE-
FITS, BUT THAT THE INSURER IS ISSUING A RIDER FOR COVERAGE OF ABORTION,
AND SHALL PROVIDE THE INSURER'S CONTACT INFORMATION FOR QUESTIONS; AND
(C) PROVIDES NOTICE OF THE ISSUANCE OF THE POLICY AND RIDER TO THE
SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
(4) IF THE SUPERINTENDENT CONCLUDES THAT ENFORCEMENT OF THIS
SUBSECTION MAY ADVERSELY AFFECT THE ALLOCATION OF FEDERAL FUNDS TO THE
STATE, THE SUPERINTENDENT MAY GRANT AN EXEMPTION TO THE REQUIREMENTS,
BUT ONLY TO THE MINIMUM EXTENT NECESSARY TO ENSURE THE CONTINUED RECEIPT
OF FEDERAL FUNDS.
§ 5. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, or to violate or be
inconsistent with any federal law or regulation, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 6. 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
policies and contracts issued, renewed, modified, altered, or amended on
or after such date.