S T A T E O F N E W Y O R K
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4639
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of Medicare-el-
igible public employers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as the "Health Equity for Retirees
Act" or "(HERA)".
§ 2. 1. On and after the effective date of this act, a public employer
shall not diminish the health insurance benefits provided to retirees
and their Medicare-eligible dependents or the contributions such employ-
er makes for such health insurance coverage below the level of such
benefits or contributions made on behalf of such retirees and their
dependents by such public employer as of December 31, 2021. Nothing in
this subdivision shall be construed to impair the ability of any employ-
ee organization to negotiate the terms and conditions of employment for
their employee members.
2. For the purposes of this act:
(a) "diminish" shall mean any change in health care offered that could
potentially make it harder for retirees residing anywhere within the
United States, including its territories and possessions, to access
their health care than before such change was made. These changes shall
include, but are not limited to, increasing the cost of such health care
(including with respect to premiums, deductibles, coinsurance, and
copayments), reducing contributions made by a public employer, forcing
retirees into Medicare Advantage Plans, forcing them to use health care
providers only from pre-designated panels, or forcing them to wait for
pre-authorization for medical procedures that are recommended by their
health care providers;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07760-02-5
A. 4639 2
(b) "health care benefits" shall mean any and all aspects of health
care coverage offered to retirees and their Medicare-eligible dependents
by public employers, including, but not limited to: (i) costs: this
includes the amount of money (on either an absolute or proportional
basis) retirees and their Medicare-eligible dependents are charged for
premiums, deductibles, coinsurance, and copayments associated with any
health care coverage; (ii) coverage: this encompasses the specific
services and benefits covered by the health care plan, including inpa-
tient and outpatient care, preventative services, prescription drugs,
mental health and substance abuse treatment, and vision and dental care;
and (iii) provider choice: this includes the ability of retirees and
their Medicare-eligible dependents to access any health care provider
who accepts Medicare or participates in the offered plan's network,
without restriction;
(c) "public employer" shall mean the following: (i) the state or a
civil division thereof; (ii) a county, city, town or village; (iii) a
school district, board of cooperative educational services, vocational
education and extension board or a school district as enumerated in
section 1 of chapter 566 of the laws of 1967, as amended; (iv) any
governmental entity operating a college or university; (v) a public
improvement or special district including police or fire districts; (vi)
a public authority, commission or public benefit corporation; or (vii)
any other public corporation, agency, instrumentality or unit of govern-
ment which exercises governmental power under the laws of this state;
and
(d) "retiree" shall mean a Medicare-eligible retiree of a public
employer.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 31, 2021.
Please take action and don't let it die in committee. Thank you.