The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2656
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. WALKER, CLARK -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law, in relation  to  permitting  pregnant
   women to enroll in health insurance during a special enrollment period
   without penalty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (B)  of  paragraph  4  of  subsection  (b)  of
 section  4328 of the insurance law, as amended by chapter 11 of the laws
 of 2016, is amended to read as follows:
   (B) In addition to the enrollment periods required in subparagraph (A)
 of this  paragraph,  an  individual  enrollee  direct  payment  contract
 offered  pursuant  to  this  section shall allow for the enrollment of a
 pregnant individual. Such individual may enroll  at  any  time  after  a
 health  care professional licensed pursuant to title eight of the educa-
 tion law and acting within the scope of his or  her  practice  certifies
 that  the  individual  is  pregnant.  SUCH  HEALTH  INSURANCE  POLICY OR
 CONTRACT SHALL NOT IMPOSE A FEE OR OTHER PENALTY FOR SPECIAL  ENROLLMENT
 OF  THE  PREGNANT INDIVIDUAL.  Upon enrollment, coverage shall be effec-
 tive as of the first day of the month in which the health  care  profes-
 sional  certifies that the individual is pregnant, unless the individual
 elects to have coverage effective on the first day of the month  follow-
 ing  the date that the individual received certification of the pregnan-
 cy.
   § 2. 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 or contracts 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02059-01-3