Prohibits public employers from diminishing health insurance benefits provided to retirees and their 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 dependents by the public employer as of December 31, 2021.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7866B
SPONSOR: Zebrowski TITLE OF BILL:
An act in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of public employ-
ers
PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits public employers from diminishing the health insur-
ance benefits of public employee retirees.
SUMMARY OF PROVISIONS:
Section 1 establishes that the name of the act shall be the "Health
Equity for Retirees Act."
Section 2 provides- that public employers shall not diminish health
insurance benefits for retirees and their dependents. It further
provides definitions for the purposes of this act.
Section 3 is the effective date.
JUSTIFICATION:
In some localities, there have been attempts to transfer public employee
retirees to health insurance programs that provide diminished benefits.
This action may have serious consequences. for the health of these indi-
viduals and on the state's health care system. Retirees covered by such
diminished programs may see reduced the need to switch from long term
providers. Due to these changes, retirees may be more dependent on
urgent care facilities and emergency rooms, putting an even bigger
strain on health care providers.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after December 31, 2021.
STATE OF NEW YORK
________________________________________________________________________
7866--B
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. ZEBROWSKI, GUNTHER, BURDICK, LAVINE, EPSTEIN,
SHIMSKY, THIELE, NOVAKHOV, SIMONE, CARROLL, COLTON, SEAWRIGHT, DeSTE-
FANO, LEVENBERG, REYES, SIMON, BENEDETTO, HEVESI, JACOBSON, SILLITTI,
WILLIAMS, DURSO, MAHER, BRABENEC, PIROZZOLO, RA, LUPARDO, McDONOUGH,
MCGOWAN, STERN, DICKENS, STECK, EACHUS, RIVERA, SHRESTHA, O'DONNELL,
BURKE, SLATER, GALLAGHER, KELLES, BENDETT, MIKULIN, RAMOS, VANEL,
MAMDANI, ARDILA, BROOK-KRASNY, BERGER, ZINERMAN, K. BROWN, ANGELINO,
SIMPSON, GANDOLFO, BURGOS, REILLY, TANNOUSIS, BLANKENBUSH, LUCAS,
PHEFFER AMATO, SANTABARBARA, TAGUE -- read once and referred to the
Committee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of public
employers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known as the "Health Equity for Retirees
2 Act" or "(HERA)".
3 § 2. 1. On and after the effective date of this act, a public employer
4 shall not diminish the health insurance benefits provided to retirees
5 and their dependents or the contributions such employer makes for such
6 health insurance coverage below the level of such benefits or contrib-
7 utions made on behalf of such retirees and their dependents by such
8 public employer as of December 31, 2021.
9 2. For the purposes of this act:
10 (a) "diminish" shall mean any change in health care offered that could
11 potentially make it harder for retirees residing anywhere within the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11812-04-4
A. 7866--B 2
1 United States, including its territories and possessions, to access
2 their health care than before such change was made. These changes shall
3 include, but are not limited to, increasing the cost of such health
4 care, reducing contributions made by a public employer, forcing retirees
5 into Medicare Advantage Plans, forcing them to use health care providers
6 only from pre-designated panels, or forcing them to wait for pre-author-
7 ization for medical procedures that are recommended by their health care
8 providers;
9 (b) "health care benefits" shall mean any and all aspects of health
10 care coverage offered to retirees and their dependents by public employ-
11 ers, including, but not limited to: (i) costs: this includes the amount
12 of money (on either an absolute or proportional basis) retirees and
13 their dependents are charged for premiums, deductibles, coinsurance, and
14 copayments associated with any health care coverage; (ii) coverage: this
15 encompasses the specific services and benefits covered by the health
16 care plan, including inpatient and outpatient care, preventative
17 services, prescription drugs, mental health and substance abuse treat-
18 ment, and vision and dental care; and (iii) provider choice: this
19 includes the ability of retirees and their dependents to access any
20 health care provider who accepts Medicare or participates in the offered
21 plan's network, without restriction;
22 (c) "public employer" shall mean the following: (i) the state or a
23 civil division thereof; (ii) a county, city, town or village; (iii) a
24 school district, board of cooperative educational services, vocational
25 education and extension board or a school district as enumerated in
26 section 1 of chapter 566 of the laws of 1967, as amended; (iv) any
27 governmental entity operating a college or university; (v) a public
28 improvement or special district including police or fire districts; (vi)
29 a public authority, commission or public benefit corporation; or (vii)
30 any other public corporation, agency, instrumentality or unit of govern-
31 ment which exercises governmental power under the laws of this state;
32 and
33 (d) "retiree" shall mean a retiree of a public employer.
34 § 3. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after December 31, 2021.
