Senate Bill S7002

                            
 
                     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.