S T A T E O F N E W Y O R K
________________________________________________________________________
5889
2025-2026 Regular Sessions
I N A S S E M B L Y
February 24, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to enacting the work-
er health care protection act
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 and may be cited as the "worker
health care protection act".
§ 2. The public health law is amended by adding a new section 268-i to
read as follows:
§ 268-I. WORKER HEALTH CARE PROTECTION ACT. 1. ON OR BEFORE JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN, THE MARKETPLACE SHALL ESTABLISH A
WORKER HEALTH PLAN ACCESS PROGRAM TO ASSIST NEW YORKERS WHO LOSE HEALTH
CARE COVERAGE PROVIDED BY AN EMPLOYER OR A JOINT LABOR MANAGEMENT TRUST
AS A RESULT OF AN ACTIVE STRIKE, LOCKOUT, OR OTHER LABOR DISPUTE.
2. SUBJECT TO THE AVAILABILITY OF FUNDING, THE MARKETPLACE SHALL
PROVIDE ENROLLMENT ASSISTANCE TO HELP MAINTAIN COVERAGE FOR INDIVIDUALS
AND THEIR DEPENDENTS WHO:
(A) PROVIDE A SELF-ATTESTATION REGARDING LOSS OF MINIMUM ESSENTIAL
HEALTH CARE COVERAGE FROM AN EMPLOYER OR JOINT LABOR MANAGEMENT TRUST
FUND AS A RESULT OF AN ACTIVE STRIKE, LOCKOUT, OR OTHER LABOR DISPUTE;
AND
(B) ARE ELIGIBLE FOR COVERAGE OFFERED THROUGH THE MARKETPLACE.
3. THE MARKETPLACE MAY REQUEST FROM AN APPLICABLE EMPLOYER, LABOR
ORGANIZATION, OR OTHER APPROPRIATE REPRESENTATIVE INFORMATION TO DETER-
MINE THE STATUS OF A STRIKE, LOCKOUT, OR LABOR DISPUTE, ITS IMPACT TO
COVERAGE, AND ANY OTHER INFORMATION DETERMINED BY THE MARKETPLACE AS
NECESSARY TO CONDUCT OUTREACH AND DETERMINE ELIGIBILITY FOR FEDERAL AND
STATE SUBSIDIES OFFERED THROUGH THE MARKETPLACE. AN APPLICABLE EMPLOYER,
LABOR ORGANIZATION, OR OTHER APPROPRIATE REPRESENTATIVE SHALL PROVIDE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07333-01-5
A. 5889 2
THE MARKETPLACE ANY SUCH INFORMATION REQUESTED BY THE MARKETPLACE PURSU-
ANT TO THIS SUBDIVISION.
4. THE MARKETPLACE SHALL ESTABLISH A PROCESS FOR PROVIDING OUTREACH
AND ENROLLMENT ASSISTANCE, AND MAY ESTABLISH ADDITIONAL PROCEDURAL
REQUIREMENTS TO ADMINISTER THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION.
§ 3. This act shall take effect immediately.