S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8096
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, ADDABBO, ASHBY, BORRELLO, BROUK, CANZONER-
   I-FITZPATRICK,  CHAN,  CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GALLI-
   VAN, GONZALEZ,  HELMING,  HINCHEY,  HOYLMAN-SIGAL,  JACKSON,  KRUEGER,
   LANZA, LIU, MARTINEZ, MARTINS, MATTERA, MAY, MAYER, MURRAY, OBERACKER,
   PALUMBO,  PARKER,  RAMOS,  RHOADS,  RIVERA, ROLISON, C. RYAN, S. RYAN,
   SALAZAR, SCARCELLA-SPANTON,  SEPULVEDA,  SERRANO,  SKOUFIS,  STAVISKY,
   STEC,  TEDISCO,  WEBB,  WEBER, WEIK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 AN ACT establishing the "Health Equity for Retirees 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 as the "Health Equity for Retirees
 Act" or "(HERA)".
   § 2. 1. A public employer shall  not  diminish  the  health  insurance
 benefits  provided to retirees and their Medicare-eligible dependents or
 the contributions such employer 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. Nothing  in  this
 subdivision  shall  be  construed  to impair the ability of any employee
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13145-01-5
              

 S. 8096                             2
 
 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;
   (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, including
 but not limited to the amount of money, on either an absolute or propor-
 tional  basis,  retirees  and  their  Medicare-eligible  dependents  are
 charged  for  premiums, deductibles, coinsurance, and copayments associ-
 ated with any health care coverage; (ii)  coverage,  including  but  not
 limited to the specific services and benefits covered by the health care
 plan,  including  inpatient  and outpatient care, preventative services,
 prescription drugs, mental health and  substance  abuse  treatment,  and
 vision  and  dental  care;  and (iii) provider choice, including but not
 limited to the ability of retirees and  their  Medicare-eligible  depen-
 dents to access any health care provider who accepts Medicare or partic-
 ipates 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; and (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.