NY State Senate Bill 2023-S4287

Senate Bill S4287

2023-2024 Legislative Session

Prohibits state contracts with contractors who do not provide health insurance which covers services for transgender, non-binary, and gender expansive people

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Current Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to procurement and contracts
Feb 07, 2023	referred to procurement and contracts

co-Sponsors

2023-S4287 (ACTIVE) - Details

See Assembly Version of this Bill:: A1936
Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Add §139-m, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S8061, A10530

2023-S4287 (ACTIVE) - Summary

Prohibits state contracts with contractors who do not provide health insurance which covers services for transgender, non-binary, and gender expansive people.

2023-S4287 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4287

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to participation in
state contracts

 
PURPOSE:

To prohibit state contracts with contractors who do not provide their
employees with insurance that covers services for transgender, non-bi-
nary, and gender-expansive people.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section to the state finance law,
providing that a clause shall be interested in all contracts entered
into by the state, and any of its public departments, agencies, or offi-
cials, from entering into a contract with a contractor that has partic-
ipated or is participating or shall participate in a health plan which
does not cover transgender services. The comptroller will have the power

to declare the contract void if it is discovered that a contractor has
been participating in such a health insurance plan after the contract
was executed. The comptroller will also be given the power to issue
rules and regulations pursuant to this section.

Section 2 provides the effective date

 
JUSTIFICATION:

The bill is designed to address one of the problems that arise when a
person is covered by a self-funded or self-insured health plan. Under
these plans, the employer assumes the financial risk for providing
health care benefits to its employees. These plans are largely governed
at the federal level under ERISA (the Employee Retirement Income Securi-
ty Act), therefore superseding the applicability of any state law,
including GENDA. Self-funded plans are also exempt from certain
provisions of the Affordable Care Act. Additionally, self-funded plans
which enjoy "grandfather" status are afforded further exemptions under
the ACA. Unfortunately, these plans often fail to cover many health
services, including services for transgender, non-binary, and gender-ex-
pansive people. Transgender health services can include hormone therapy,
gender affirmation surgery, as well as preventative care measures like
gynecological and prostate exams.

For the state to properly address the problems presented by self-funded
plans, creative solutions are required. This bill leverages the
contracting power of our government to support transgender, non-binary,
and gender-expansive persons and their families by requiring any
contractor wishing to do business with the state to provide their
employees with health coverage that covers all people, irrespective of
their gender identity.

 
LEGISLATIVE HISTORY:

2021-22: S.8061

 
FISCAL IMPLICATIONS:
None to state.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law and will apply
to contracts entered into, renewed, or modified on or after the effec-
tive date.

2023-S4287 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4287
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sens.  COONEY,  CLEARE,  HOYLMAN-SIGAL -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Procurement and Contracts
 
 AN  ACT  to amend the state finance law, in relation to participation in
   state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-m to read as follows:
   § 139-M.  PARTICIPATION  IN  CONTRACT  PROHIBITED;  HEALTH  INSURANCE;
 TRANSGENDER  STATUS. 1. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS
 OR CONTRACTS HEREAFTER MADE OR  AWARDED  BY  THE  STATE  OR  ANY  PUBLIC
 DEPARTMENT,  AGENCY  OR OFFICIAL THEREOF, FOR WORK OR SERVICES PERFORMED
 OR TO BE PERFORMED, FOR GOODS SOLD OR TO BE SOLD PURSUANT TO  WHICH  ANY
 CONTRACTOR,  TO  WHOM  ANY  CONTRACT  SHALL  BE LET, GRANTED OR AWARDED,
 AGREES, AS A MATERIAL CONDITION  OF  THE  CONTRACT,  THAT  NEITHER  SUCH
 CONTRACTOR NOR ANY SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM, PART-
 NERSHIP  OR  CORPORATION  HAS  PARTICIPATED OR IS PARTICIPATING OR SHALL
 PARTICIPATE IN A HEALTH PLAN OFFERED WHICH DOES NOT COVER  SERVICES  FOR
 TRANSGENDER,  NON-BINARY, AND GENDER EXPANSIVE PEOPLE, INCLUDING BUT NOT
 LIMITED TO HORMONE REPLACEMENT THERAPY,  GENDER-AFFIRMING  SURGERY,  AND
 TREATMENT TYPICALLY ASSOCIATED WITH ONE PARTICULAR GENDER.
   2.  ANY  SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY THE STATE
 COMPTROLLER, IF, SUBSEQUENT TO EXECUTION, SUCH PERSON, FIRM, PARTNERSHIP
 OR CORPORATION HAS BEEN PARTICIPATING IN SUCH HEALTH PLAN WHICH FAILS TO
 PROVIDE SERVICES  FOR  TRANSGENDER,  NON-BINARY,  AND  GENDER  EXPANSIVE
 PEOPLE.
   3.  NOTHING  CONTAINED  IN  THIS  SECTION  SHALL OPERATE TO IMPAIR ANY
 EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
 SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF  THIS  SECTION
 SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04843-01-3

 S. 4287                             2
 
   4.  THE  COMPTROLLER  OF THE STATE SHALL HAVE THE POWER TO ISSUE RULES
 AND REGULATIONS PURSUANT TO THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all contracts entered into, renewed
 or modified on and after the effective date of this act.

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Senate Bill S4287

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Sponsored By

Jeremy A. Cooney