STATE OF NEW YORK
________________________________________________________________________
6650--A
Cal. No. 262
2019-2020 Regular Sessions
IN ASSEMBLY
March 14, 2019
___________
Introduced by M. of A. SEAWRIGHT, TAYLOR -- read once and referred to
the Committee on Labor -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the labor law, in relation to employee notification of
contraceptive coverage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 217 of the labor law is amended by
2 adding a new paragraph (c) to read as follows:
3 (c) "Contraceptive coverage" shall mean that portion of a policy or
4 contract of group accident, group health or group accident and health
5 insurance that provides coverage for all federal food and drug adminis-
6 tration-approved contraceptive drugs, devices, and other products
7 including all federal food and drug administration-approved over-the-
8 counter contraceptive drugs, devices, and products as prescribed or as
9 otherwise authorized under state or federal law.
10 § 2. Section 217 of the labor law is amended by adding a new subdivi-
11 sion 3-a to read as follows:
12 3-a. Contraceptive coverage notification. A policyholder shall provide
13 written notice to certificate holders prior to modifying or replacing a
14 policy or contract of group accident, group health or group accident and
15 health insurance with another such policy or contract that alters,
16 restricts, or terminates contraceptive coverage. Such notice shall be
17 provided not less than ninety days prior to any such change in coverage.
18 Where the certificate holders are employees represented by a labor
19 organization, such notice shall also be promptly provided to the repre-
20 sentative of such labor organization. A copy of such notice also shall
21 be promptly provided to the commissioner and the departments of law and
22 financial services. Such written notice shall be in accordance with
23 applicable rules and regulations of the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08865-04-9
A. 6650--A 2
1 § 3. The labor law is amended by adding a new section 217-a to read as
2 follows:
3 § 217-a. Prospective employee notification of contraceptive coverage.
4 An employer who is issued a policy or contract for group accident, group
5 health or group accident and health insurance that covers some or all of
6 its employees shall provide notice to all persons who seek employment
7 with such employer as to whether such policy or contract does not
8 include any or all contraceptive coverage, as such term is defined in
9 paragraph (c) of subdivision two of section two hundred seventeen of
10 this article, pursuant to an exemption provided under paragraph sixteen
11 of subsection (1) of section three thousand two hundred twenty-one of
12 the insurance law or subsection (cc) of section four thousand three
13 hundred three of the insurance law. Where such policy or contract
14 includes some, but not all, contraceptive drugs and devices or their
15 generic equivalents approved by the federal food and drug adminis-
16 tration, such notice shall also specify which such drugs or devices are
17 not included in such insurance coverage. Such notice shall be prominent-
18 ly displayed on the face of any written application for employment
19 utilized by an employer or included on a separate written notice form to
20 be provided to each person who receives such written application. Where
21 such employer maintains a publicly accessible webpage that provides
22 information on prospective employment opportunities, such employer shall
23 provide clear and conspicuous notice on such webpage as to whether such
24 employer provides contraceptive coverage and, if so, whether such cover-
25 age includes some, but not all, contraceptive drugs and devices or their
26 generic equivalent approved by the federal food and drug administration.
27 The commissioner, in consultation with the department of financial
28 services, is authorized to promulgate such rules and regulations as he
29 or she deems necessary to implement the provisions of this section.
30 § 4. This act shall take effect on the ninetieth day after it shall
31 have become a law.