STATE OF NEW YORK
________________________________________________________________________
7928
IN SENATE
July 23, 2014
___________
Introduced by Sens. STAVISKY, KRUEGER, O'BRIEN, RIVERA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules
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 the cost of contraceptive drugs or
6 devices approved by the federal food and drug administration or generic
7 equivalents approved as substitutes by such food and drug administration
8 under the prescription of a health care provider legally authorized to
9 prescribe under title eight of the education 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 substituting a policy or
14 contract of group accident, group health or group accident and health
15 insurance with another such policy or contract that alters, restricts,
16 or terminates contraceptive coverage. Such notice shall be provided not
17 less than ninety days prior to any such substitution. Where the certif-
18 icate holders are employees represented by a labor organization, such
19 notice shall also be promptly provided to the representative of such
20 labor organization. A copy of such notice also shall be promptly
21 provided to the commissioner and the departments of law and financial
22 services. Such written notice shall be in accordance with applicable
23 rules and regulations of the commissioner.
24 § 3. The labor law is amended by adding a new section 217-a to read as
25 follows:
26 § 217-a. Prospective employee notification of contraceptive coverage.
27 1. An employer who is issued a policy or contract for group accident,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15653-05-4
S. 7928 2
1 group health or group accident and health insurance that covers some or
2 all of its employees shall provide notice to all persons who seek
3 employment with such employer as to whether such policy or contract
4 includes contraceptive coverage, as such term is defined in paragraph
5 (c) of subdivision two of section two hundred seventeen of this article.
6 Where such policy or contract includes some, but not all, contraceptive
7 drugs and devices or their generic equivalents approved by the federal
8 food and drug administration, such notice shall also specify which such
9 drugs or devices are not included in such insurance coverage. Such
10 notice shall be prominently displayed on the face of any written appli-
11 cation for employment utilized by an employer or included on a separate
12 written notice form to be provided to each person who receives such
13 written application. Where such employer maintains a publicly accessible
14 webpage that provides information on prospective employment opportu-
15 nities, such employer shall provide clear and conspicuous notice on such
16 webpage as to whether such employer provides contraceptive coverage and,
17 if so, whether such coverage includes some, but not all, contraceptive
18 drugs and devices or their generic equivalent approved by the federal
19 food and drug administration. The commissioner, in consultation with
20 the department of financial services, is authorized to promulgate such
21 rules and regulations as he or she deems necessary to implement the
22 provisions of this section.
23 2. An employer that fails to comply with any provision of subdivision
24 one of this section, shall, for each such violation, forfeit to the
25 people of the state a sum up to five thousand dollars to be recovered by
26 the commissioner in a civil action. Where such employer is a corpo-
27 ration, trade association, joint stock association, incorporated or
28 unincorporated association, the president, secretary and treasurer ther-
29 eof shall be liable for any such forfeiture.
30 § 4. This act shall take effect on the ninetieth day after it shall
31 have become a law.
