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A07573 Summary:

BILL NOA07573A
 
SAME ASNo Same As
 
SPONSORGonzalez-Rojas
 
COSPNSRGlick, Rozic, Simon, Cruz, Gottfried, McMahon, Epstein, Weprin, Gallagher, Seawright, Forrest, Burgos, Dickens, Woerner, Lavine, Hevesi, Fernandez, Quart, Sillitti, Kelles, Reyes, Burdick, Paulin, Thiele, Bichotte Hermelyn, Jacobson, Aubry, Anderson, Bronson, Abinanti, Barrett, Clark, Steck, Septimo, Otis, Lunsford, Hunter, Mamdani, Niou, Colton, Jackson, Carroll, Dinowitz, Zinerman, Rivera J, Rosenthal L, Mitaynes, Davila, Galef, Ramos, Jean-Pierre
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L
 
Requires that provision be made for pregnancy termination procedures insurance coverage in every individual or group hospital, surgical or medical policy, or hospital service or medical expense indemnity contract of a service corporation, only where any such policy or contract offers maternity care coverage.
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A07573 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7573--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 14, 2021
                                       ___________
 
        Introduced  by M. of A. GONZALEZ-ROJAS, GLICK, ROZIC, SIMON, CRUZ, GOTT-
          FRIED,  McMAHON,  EPSTEIN,  WEPRIN,  GALLAGHER,  SEAWRIGHT,   FORREST,
          BURGOS,  DICKENS, WOERNER, LAVINE, HEVESI, FERNANDEZ, QUART, SILLITTI,
          KELLES, REYES, BURDICK, PAULIN, THIELE,  BICHOTTE HERMELYN,  JACOBSON,
          AUBRY,  ANDERSON,  BRONSON,  ABINANTI, BARRETT, CLARK, STECK, SEPTIMO,
          OTIS, LUNSFORD,  HUNTER,  MAMDANI,  NIOU,  COLTON,  JACKSON,  CARROLL,
          DINOWITZ,  ZINERMAN, J. RIVERA, L. ROSENTHAL, MITAYNES, DAVILA, GALEF,
          RAMOS, JEAN-PIERRE -- read once  and  referred  to  the  Committee  on
          Insurance  --  recommitted to the Committee on Insurance in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  insurance  law,  in  relation to requiring that
          provision be made for pregnancy termination procedures in every  indi-
          vidual  or  group policy or contract which provides coverage or indem-
          nity for hospital, surgical or medical care and which offers maternity
          care coverage
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative findings. The legislature finds that New York
     2  has a long history of advancing gender  equity  and,  as  part  of  that
     3  effort, reproductive health.
     4    The  legislature  additionally  finds that access to the full range of
     5  health benefits, as guaranteed under the laws of  this  state,  provides
     6  all New Yorkers with the opportunity to lead healthier and more fulfill-
     7  ing lives.
     8    The  legislature  also  finds that neither a person's income level nor
     9  the type of health insurance  they  utilize  should  prevent  them  from
    10  having  access  to  a  full range of reproductive health care, including
    11  abortion care.
    12    The legislature additionally finds that restrictions and  barriers  to
    13  health  coverage  for  reproductive  health care have a disproportionate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11093-02-2

        A. 7573--A                          2
 
     1  impact on low-income people, people  of  color,  immigrants,  and  young
     2  people  and  that  these  individuals are often already disadvantaged in
     3  their access to resources, information, and services.
     4    The  legislature  also finds that the exclusion of coverage for repro-
     5  ductive health care services for women and those with  the  capacity  to
     6  become pregnant is discrimination on the basis of sex and pregnancy.
     7    The  legislature finds that abortion care is part of pregnancy-related
     8  care, and failure to provide coverage for the full range  of  pregnancy-
     9  related  care interferes with an individual's personal health care deci-
    10  sion making, their overall health and well-being and with their  consti-
    11  tutionally protected right to safe and legal abortion care.
    12    § 2. Subsection (i) of section 3216 of the insurance law is amended by
    13  adding a new paragraph 36 to read as follows:
    14    (36)(A)  Every  policy  which  provides hospital, surgical, or medical
    15  coverage and which offers maternity care coverage pursuant to  paragraph
    16  ten of this subsection shall also provide coverage for abortion services
    17  for an enrollee.
    18    (B)  Coverage  for abortion shall not be subject to annual deductibles
    19  or coinsurance, including co-payments,  unless  the  policy  is  a  high
    20  deductible  health  plan as defined in section 223(c)(2) of the internal
    21  revenue code of 1986, in which case coverage for abortion may be subject
    22  to the plan's annual deductible.
    23    § 3. Subsection (k) of section 3221 of the insurance law is amended by
    24  adding a new paragraph 22 to read as follows:
    25    (22)(A) Every policy which provides  hospital,  surgical,  or  medical
    26  coverage  and which offers maternity care coverage pursuant to paragraph
    27  five of  this  subsection  shall  also  provide  coverage  for  abortion
    28  services for an enrollee.
    29    (B)  Coverage  for abortion shall not be subject to annual deductibles
    30  or coinsurance, including co-payments,  unless  the  policy  is  a  high
    31  deductible  health  plan as defined in section 223(c)(2) of the internal
    32  revenue code of 1986, in which case coverage for abortion may be subject
    33  to the plan's annual deductible.
    34    (C) Notwithstanding any other provision, a group policy that  provides
    35  hospital,  surgical, or medical expense coverage delivered or issued for
    36  delivery in this state to a religious employer, as defined in  item  one
    37  of  subparagraph  (E)  of  paragraph  sixteen  of subsection (l) of this
    38  section, may exclude coverage for abortion only if the insurer:
    39    (i) Obtains an annual certification from the group  policyholder  that
    40  the policyholder is a religious employer and that the religious employer
    41  requests a policy without coverage for abortion;
    42    (ii)  Issues  a  rider  to  each certificateholder at no premium to be
    43  charged to the certificateholder or religious employer  for  the  rider,
    44  that  provides  coverage for abortion subject to the same rules as would
    45  have been applied to the same category of treatment in the policy issued
    46  to the religious employer. The rider  shall  clearly  and  conspicuously
    47  specify  that  the religious employer does not administer abortion bene-
    48  fits, but that the insurer is issuing a rider for coverage of  abortion,
    49  and shall provide the insurer's contact information for questions; and
    50    (iii)  Provides  notice of the issuance of the policy and rider to the
    51  superintendent in a form and manner acceptable to the superintendent.
    52    § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
    53  subsection (ss) to read as follows:
    54    (ss)(1)  Every  policy  which  provides hospital, surgical, or medical
    55  coverage and which offers maternity care coverage pursuant to subsection

        A. 7573--A                          3
 
     1  (c) of this section shall also provide coverage  for  abortion  services
     2  for an enrollee.
     3    (2)  Coverage  for abortion shall not be subject to annual deductibles
     4  or coinsurance, including co-payments,  unless  the  policy  is  a  high
     5  deductible  health  plan as defined in section 223(c)(2) of the internal
     6  revenue code of 1986, in which case coverage for abortion may be subject
     7  to the plan's annual deductible.
     8    (3) Notwithstanding any other provision, a group policy that  provides
     9  hospital,  surgical, or medical expense coverage delivered or issued for
    10  delivery in this state to a religious employer, as defined in  paragraph
    11  five  of  subsection  (cc)  of  this  section,  may exclude coverage for
    12  abortion only if the insurer:
    13    (A) Obtains an annual certification from the group  policyholder  that
    14  the policyholder is a religious employer and that the religious employer
    15  requests a policy without coverage for abortion;
    16    (B)  Issues  a  rider  to  each  certificateholder at no premium to be
    17  charged to the certificateholder or religious employer  for  the  rider,
    18  that  provides  coverage for abortion subject to the same rules as would
    19  have been applied to the same category of treatment in the policy issued
    20  to the religious employer. The rider  shall  clearly  and  conspicuously
    21  specify  that  the religious employer does not administer abortion bene-
    22  fits, but that the insurer is issuing a rider for coverage of  abortion,
    23  and shall provide the insurer's contact information for questions; and
    24    (C)  Provides  notice  of  the issuance of the policy and rider to the
    25  superintendent in a form and manner acceptable to the superintendent.
    26    § 5. Severability. If any provision of this act, or any application of
    27  any provision of this act, is held to be invalid, or to  violate  or  be
    28  inconsistent  with  any federal law or regulation, that shall not affect
    29  the validity or effectiveness of any other provision of this act, or  of
    30  any  other  application of any provision of this act, which can be given
    31  effect without that provision or  application;  and  to  that  end,  the
    32  provisions and applications of this act are severable.
    33    §  6. This act shall take effect on the first of January next succeed-
    34  ing the date on which it shall have become a law and shall apply to  all
    35  policies and contracts issued, renewed, modified, altered, or amended on
    36  or after such date.
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