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.
STATE OF NEW YORK
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8388--B
IN SENATE
January 25, 2024
___________
Introduced by Sens. HARCKHAM, MATTERA, ADDABBO, CLEARE, COMRIE, COONEY,
GALLIVAN, GONZALEZ, HINCHEY, KRUEGER, MARTINS, MAY, MAYER, MURRAY,
OBERACKER, PALUMBO, RHOADS, ROLISON, SEPULVEDA, 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 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, 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
12 United States, including its territories and possessions, to access
13 their health care than before such change was made. These changes shall
14 include, but are not limited to, increasing the cost of such health
15 care, reducing contributions made by a public employer, forcing retirees
16 into Medicare Advantage Plans, forcing them to use health care providers
17 only from pre-designated panels, or forcing them to wait for pre-author-
18 ization for medical procedures that are recommended by their health care
19 providers;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11812-05-4
S. 8388--B 2
1 (b) "health care benefits" shall mean any and all aspects of health
2 care coverage offered to retirees and their dependents by public employ-
3 ers, including, but not limited to: (i) costs: this includes the amount
4 of money (on either an absolute or proportional basis) retirees and
5 their dependents are charged for premiums, deductibles, coinsurance, and
6 copayments associated with any health care coverage; (ii) coverage: this
7 encompasses the specific services and benefits covered by the health
8 care plan, including inpatient and outpatient care, preventative
9 services, prescription drugs, mental health and substance abuse treat-
10 ment, and vision and dental care; and (iii) provider choice: this
11 includes the ability of retirees and their dependents to access any
12 health care provider who accepts Medicare or participates in the offered
13 plan's network, without restriction;
14 (c) "public employer" shall mean the following: (i) the state or a
15 civil division thereof; (ii) a county, city, town or village; (iii) a
16 school district, board of cooperative educational services, vocational
17 education and extension board or a school district as enumerated in
18 section 1 of chapter 566 of the laws of 1967, as amended; (iv) any
19 governmental entity operating a college or university; (v) a public
20 improvement or special district including police or fire districts; (vi)
21 a public authority, commission or public benefit corporation; or (vii)
22 any other public corporation, agency, instrumentality or unit of govern-
23 ment which exercises governmental power under the laws of this state;
24 and
25 (d) "retiree" shall mean a retiree of a public employer.
26 § 3. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after December 31, 2021.
