S T A T E   O F   N E W   Y O R K
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                                  5143

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. SEAWRIGHT, GOTTFRIED, WRIGHT, ROSENTHAL, ORTIZ,
  O'DONNELL, BROOK-KRASNY, SIMOTAS, ROZIC, FAHY, BARRETT  --  read  once
  and referred to the Committee on Labor

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:

  Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to read as follows:
  (C)  "CONTRACEPTIVE  COVERAGE"  SHALL MEAN THAT PORTION OF A POLICY OR
CONTRACT OF GROUP ACCIDENT, GROUP HEALTH OR GROUP  ACCIDENT  AND  HEALTH
INSURANCE  THAT PROVIDES COVERAGE FOR THE COST OF CONTRACEPTIVE DRUGS OR
DEVICES APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR  GENERIC
EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD AND DRUG ADMINISTRATION
UNDER  THE  PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO
PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S 2. Section 217 of the labor law is amended by adding a new  subdivi-
sion 3-a to read as follows:
  3-A. CONTRACEPTIVE COVERAGE NOTIFICATION. A POLICYHOLDER SHALL PROVIDE
WRITTEN  NOTICE TO CERTIFICATE HOLDERS PRIOR TO SUBSTITUTING A POLICY OR
CONTRACT OF GROUP ACCIDENT, GROUP HEALTH OR GROUP  ACCIDENT  AND  HEALTH
INSURANCE  WITH  ANOTHER SUCH POLICY OR CONTRACT THAT ALTERS, RESTRICTS,
OR TERMINATES CONTRACEPTIVE COVERAGE. SUCH NOTICE SHALL BE PROVIDED  NOT
LESS  THAN NINETY DAYS PRIOR TO ANY SUCH SUBSTITUTION. WHERE THE CERTIF-
ICATE HOLDERS ARE EMPLOYEES REPRESENTED BY A  LABOR  ORGANIZATION,  SUCH
NOTICE  SHALL  ALSO  BE  PROMPTLY PROVIDED TO THE REPRESENTATIVE OF SUCH
LABOR ORGANIZATION.   A COPY OF  SUCH  NOTICE  ALSO  SHALL  BE  PROMPTLY
PROVIDED  TO  THE  COMMISSIONER AND THE DEPARTMENTS OF LAW AND FINANCIAL
SERVICES.  SUCH WRITTEN NOTICE SHALL BE IN  ACCORDANCE  WITH  APPLICABLE
RULES AND REGULATIONS OF THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04878-01-5

              

A. 5143                             2

  S 3. The labor law is amended by adding a new section 217-a to read as
follows:
  S  217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE COVERAGE.
1. AN EMPLOYER WHO IS ISSUED A POLICY OR CONTRACT  FOR  GROUP  ACCIDENT,
GROUP  HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE THAT COVERS SOME OR
ALL OF ITS EMPLOYEES SHALL  PROVIDE  NOTICE  TO  ALL  PERSONS  WHO  SEEK
EMPLOYMENT  WITH  SUCH  EMPLOYER  AS  TO WHETHER SUCH POLICY OR CONTRACT
INCLUDES CONTRACEPTIVE COVERAGE, AS SUCH TERM IS  DEFINED  IN  PARAGRAPH
(C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
WHERE  SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE
DRUGS AND DEVICES OR THEIR GENERIC EQUIVALENTS APPROVED BY  THE  FEDERAL
FOOD  AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH
DRUGS OR DEVICES ARE NOT  INCLUDED  IN  SUCH  INSURANCE  COVERAGE.  SUCH
NOTICE  SHALL BE PROMINENTLY DISPLAYED ON THE FACE OF ANY WRITTEN APPLI-
CATION FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A  SEPARATE
WRITTEN  NOTICE  FORM  TO  BE  PROVIDED TO EACH PERSON WHO RECEIVES SUCH
WRITTEN APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE
WEBPAGE THAT PROVIDES INFORMATION  ON  PROSPECTIVE  EMPLOYMENT  OPPORTU-
NITIES, SUCH EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH
WEBPAGE AS TO WHETHER SUCH EMPLOYER PROVIDES CONTRACEPTIVE COVERAGE AND,
IF  SO,  WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE
DRUGS AND DEVICES OR THEIR GENERIC EQUIVALENT APPROVED  BY  THE  FEDERAL
FOOD  AND  DRUG ADMINISTRATION.   THE COMMISSIONER, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, IS AUTHORIZED TO  PROMULGATE  SUCH
RULES  AND  REGULATIONS  AS  HE  OR SHE DEEMS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
  2. AN EMPLOYER THAT FAILS TO COMPLY WITH ANY PROVISION OF  SUBDIVISION
ONE  OF  THIS  SECTION,  SHALL,  FOR EACH SUCH VIOLATION, FORFEIT TO THE
PEOPLE OF THE STATE A SUM UP TO FIVE THOUSAND DOLLARS TO BE RECOVERED BY
THE COMMISSIONER IN A CIVIL ACTION. WHERE  SUCH  EMPLOYER  IS  A  CORPO-
RATION,  TRADE  ASSOCIATION,  JOINT  STOCK  ASSOCIATION, INCORPORATED OR
UNINCORPORATED ASSOCIATION, THE PRESIDENT, SECRETARY AND TREASURER THER-
EOF SHALL BE LIABLE FOR ANY SUCH FORFEITURE.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.